Complaint Review: Quality Homes

I signed a Home Builders Contract with Quality Homes January 2006 and was told by the sales Associates in April 2006 that my paper work had been submitted and that my home would be started in under 4 weeks. Well, then they come to me in May and tell me that Desoto County Has enacted Impact Fees and did not give any advance notice to them, or any other builders.

I asked them what that meant for me since in my contract no Impact Fees applied to me under our purchase agreement and contract. Quality Homes then assured me that the County could not do that and that all the proper paper work and permitting documents had already been submitted prior to the impact fees coming in to affect. They also said that a letter would be sent out on my behalf stating those facts.

Just last month, on August 23rd I received a letter from the County Development Department of Desoto County. The letter from them reads as below; and was sent to the Builders rep who wrote the letter regarding my home and the impact fees.

August 22, 2006

Michael R. McKinley
McKinley, Ittersagen, Gunderson & Berntsson, P.A.
21175 Olean Boulevard
Port Charlotte, FL 33952-6706

Dear Mr. McKinley

Our Department has reviewed your request, on behalf of Mr. Hopkins, for exemption from payment of impact fees. After review of the material submitted, which includes building permit application, outside agency permits, and all other related documents, the Development Department regrets to inform you we have denied your request for exemption from payment of impact fees.

This Decision was based on several factors. The most important is timing of the application. The building application was not received by this office until after the May 1st deadline. This deadline was established by the Board of County Commissioners through approval of the impact fees ordinance (2006-11) in February of 2006. Leading up to the may 1st deadline, County Staff accommodated every request and application possible. Several applications were missing required documents, yet staff worked with the applicant to complete the forms in a timely manor in order to help facilitate meeting the deadline. After reviewing, this is not the case with your request.

The following documents have been reviewed and noted as signed or submitted beyond the deadline.
1) Print out of the property appraiser property card (May8)
2) Florida Energy Efficient Code Forms, signed by the owner/agent (May9)
3) The permit cover sheet, signed by county staff as received July 11
4) Authorization form to allow Leigh Wilson to pick up permits signed by James Weisberg (May26)


All of these factors lead to the conclusion that the application was not submitted in a timely manor, In addition, a representative of Quality Homes has eluded to a messenger service being turned away without accepting the application prior to May 1st deadline. I have personally followed up with the development department staff and nobody recalls a messenger service ever attempting to drop off permit applications. All county staff was aware of the boards wishes to assist any application in any way possible to process their applications for the MAY 1st deadline. In addition, I had requested some verification from the messenger service by way of notarized letter of receipt to prove this fact and one has not been presented.

While everyone at the County sends our thanks and great appreciations to Mr. Hopkins for his Military Service, this fact alone does not warrant exemption from payment of impact fees. The payment of impact fees will be due at permit pickup. If you have any questions, please do not hesitate to contact me at 863-993-4811.


Sincerely,
Jason W. Green
Desoto County Planning Manager

Before even receiving this letter I did some research on my own and went to the building and zoning department in Desoto County. I asked them if the builders were given advance notice on the impact fees and asked specifically if they gave notice to Quality Homes. There reply was yes, Quality Homes had at least 9 months notice.

Regardless, I was under contract in January and in the contract it says that there is no Impact Fees however, the builders are not willing to accept any of the responsibility for this. I am not sure what to do, or what I can do.

All I know is that they dragged there feet and because of it, I owe money. They have lied to me on several occasions and have lied in writing to the Desoto County Development Department. Quality Homes will not assume any responsibility for this and advised me if I attempted to get out of the contract with them that I would owe them a substantial amount of money. I asked for what, they said for the work they have already done with the permitting and possible material orders.

I have not seen any work done. I have never dealt with anyone like this before and with my current situation with me being deployed in Iraq now, it is hard to get a handle on this.

Is there anything I can do regarding this situation, or is there anyone out there that can help me?

Anthony
Arcadia, Florida
U.S.A.