The REVITALIZED, AMENDED AND RESTATED DECLARATION OF PROTECTIVE DEED RESTRICTIONS AND COVENANTS FOR SPRUCE CREEK SOUTH package was left in my mailbox September 27th, 2024. 57 Double Sided pages consisting of crossing T’s and dotting the I’s, to ensure the legalities of revitalizing the Spruce Creek South community to continue as a For-Profit, Private, Equity Investor owned and managed by Kenneth Kirkpatrick,  President and Owner of Heritage Management Corp. – Commercial/Residential Management Company.

The last page duplicated within the package was Florida Department of Commerce Letter in reference of the Spruce Creek South Homeowners’ Association, Inc., Approval Determination Number: 24158

Wait, WHAT, Spruce Creek South Homeowners’ Association, Inc.! THERE IS NO Spruce Creek South Homeowners’ Association, Inc.!!!

Visited sunbiz.org to peel back and identify the Spruce Creek South Homeowners’ Association, Inc. to find out that the listed owner is no other than the For-Profit, Private, Equity Investor Kenneth Kirkpatrick. According to sunbiz.org the Spruce Creek South Homeowners’ Association, Inc. Status is INACTIVE and Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/26/2014.

The State of Florida has approved the revitalization to an inactive company that for all purposes has not existed since September 26, 2014!

This will allow the For-Profit, Private, Equity Investor Kenneth Kirkpatrick to continue earning his profits off the backs of senior retirees! Not only owning the common areas and amenities of the community but also separately owning Heritage Management Corp. to maintain the community.

If you buy into this For-Profit, Private, Equity Investor owned community, Kenneth Kirkpatrick makes all the final decisions of maintenance, upgrades and replacement of end of life amenities. He has cut funding for activities, support help, security and maintenance!

If I knew then what I know now!

eNeighbors for Spruce Creek South <[email protected]>: Thu 9/12/2024 8:38 AM

New Note from Diane Suchy

MESSAGE FROM KEN KIRKPATRICK – Quick update on MRTA. On 8/21/24 the Florida Department of Commerce approve the Revitalization package for Spruce Creek South. We subsequently recorded it in the public records on 8/30/24 and will be mailing each resident a hard copy in the mail shortly. We want to thank all of you what volunteered, knocked on doors, and sacrificed your time to help get this done. It was a lot of work to simply return our community back to the way it was, but it’s done and we are grateful for all those who helped.

Prediction:

Believe the way the For-Profit, Private, Equity Investor found out the property was out of MRTA compliance was marketing the community in the first place. Now that the non-transparent effort that deceived and misinformed property owners to achieve revitalization, the property will be sold by the end of next year!

Notification from the Marion County Clerk of Courts Property Alert Service August 30, 2024, 11:58AM: Documents have been recorded. No notice from management, as expected with it’s continued limited, if  any, transparency!

Four years after being made aware that of the revitalization effort within the Spruce Creek South Community the Private, For-Profit, Equity Investor-Owner Kenneth Kirkpatrick, disguised as the Registered Agent and Manger of SPRUCE CREEK GOLF, LLC, a Florida Limited Liability Company, is also President and Owner of Heritage Management Corp. – Commercial/Residential Management Company and the Business Manager of NAI Heritage – Ocala, FL – Commercial Real Estate Services which is structured under NAI Global, layer after layer of companies, using intimidation and propaganda by uninvited knocking on senior citizens doors within the community, have successfully attached the “Restrictions” to the properties that aged out.

The DECEPTION continues!

According to the newly attached Restrictions the Private, For-Profit, Equity Investor-Owner Kenneth Kirkpatrick, disguised as the Registered Agent and Manager of “SPRUCE CREEK GOLF, LLC, a Florida Limited Liability Company, hereinafter referred to as “DEVELOPER” listed on the restrictions recorded with the Marion County Property Office.

From Wikipedia:

Real estate development, or property development, is a business process, encompassing activities that range from the renovation and re-lease of existing buildings to the purchase of raw land and the sale of developed land or parcels to others.

Not only agents list the community as an HOA instead of a Private, For-Profit, Equity Investor-Owned but the Private, For-Profit, Equity Investor-Owner literally wants to be identified as “DEVELOPER” when there has been no development in the community in years and his entire resume is attributed to maintenance and squeezing any profit from a majority of fixed income senior citizens!

SPRUCE CREEK GOLF, LLC Florida is NOT an HOA either! No record of SPRUCE CREEK GOLF, LLC of any website to identify or gain any other information about the company except Sunbiz.org, Florida Department of State, Division of Corporations.

Unknowingly back in 2018 when I purchase my retirement home in the Spruce Creek South community, I had no idea in the amount of deception, misinformation and no timely accurate resolution to an issue that was made transparent in 2019.  Private, For-Profit, Equity Investor-Owner Kenneth Kirkpatrick, President and Owner of Heritage Management Corp. – Commercial/Residential Management Company of  Spruce Creek South allowed the first six phases of the Spruce Creek South Community to age beyond the 30 year limit of deed restrictions according to the Marketable Record Title Act (MRTA).

Along with the deception of the Spruce Creek South HOA Fee not actually being a HOA Fee as listed on many real estate web sites, the MLS, and in reality being a Maintenance Fee with residents having no say in the managing of the 1,600 residential home community, on top of that, throw in the incompetence of the Private, For-Profit, Equity Investor-Owner Kenneth Kirkpatrick for allowing the expiration of MRTA that results in, what one might say, additional undesirable stress and anxiety in my senior retirement.

Source: Stages of Revitalization Process

Spruce Creek South is currently in Stage three Four (8/30/2024) of the revitalization process that many oppose. I say oppose because, after all the Private, For-Profit, Equity Investor-Owner, Kenneth Kirkpatrick, President and Owner of Heritage Management Corp. – Commercial/Residential Management Company, apparently does not feel it important enough to keep the residents informed of the status of the deed restrictions that may or may not adhere to the community.

Status Update: Sat 7/6/2024 6:44 AM

eNeighbors email notification of a New Note from Carl & Mary ********** a resident:

I was told yesterday by a board member the MRTA papers have now enough (signatures) an is off to the Lawyers to file.

Nothing from Private, For-Profit, Equity Investor-Owner, Kenneth Kirkpatrick, President and Owner of Heritage Management Corp. – Commercial/Residential Management Company, the property manager or zone manager of the Spruce Creek South community.

Now to the reason of my frustration, the distribution of a flyer, I can only describe as meant to strategically intimidate senior citizens for the Private, For-Profit, Equity Investor-Owner Kenneth Kirkpatrick. Although the flyer is not attributable to any source, one can only assume the expense of reproduction came from the Private, For-Profit, Equity Investor-Owner Kenneth Kirkpatrick, Heritage Management or his staff that allowed the flyer to be distributed by hand in the Spruce Creek South Community Center and from door to door by hand intimidating retired seniors to sign the revitalization documents.

Titled:

“A list of POSSIBILITIES if I do not sign.”

Now imagine you’re a retired resident living on a fixed income and stressing on the everyday issues and a strategic effort being made to come to your door making unsubstantiated accusations attempting to instill fear to sign the revitalization papers.

Things like:

No Gate….No Guard.
No enforcement or regulations.
Property values drop drastically.
Any animals. chicken, goats etc
Pink, lavender, chartreuse houses OK

Closing with:

AND THE LIST GOES ON…..

Intimidation Flyer

Private Equity Investor Kenneth Kirkpatrick Owner of Heritage Management Corp. distributed or allowed distribution within the Spruce Creek South Community Center. Volunteers went house to house frightening seniors to sign revitalization.

Spruce Creek South Revitalization Package
Marketable Record Title Act (MRTA) Townhall Meeting Presentation