1 QUARTERLY REPORT UNDER SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q __________________________________________________ [X] Quarterly report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 For the quarterly period ended March 31, 1996 or [ ] Transition Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 For the transition period from ________ to ________ ________________________________________ Commission file number 0-7616 I.R.S. Employer Identification Number 23-1739078 Avatar Holdings Inc. (a Delaware Corporation) 255 Alhambra Circle Coral Gables, Florida 33134 (305) 442-7000 Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No . ------ ------ Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date: 9,095,102 shares of the Company's common stock ($1.00 par value) were outstanding as of April 30, 1996. 1 of 18 2 AVATAR HOLDINGS INC. AND SUBSIDIARIES INDEX ----- PAGE ---- PART I. Financial Information --------------------------------- Item 1. Financial Statements (Unaudited): Consolidated Balance Sheets -- March 31, 1996 and December 31, 1995.............. 3 Consolidated Statements of Operations -- Three months ended March 31, 1996 and 1995........ 4 Consolidated Statements of Cash Flows -- Three months ended March 31, 1996 and 1995........ 5 Notes to Consolidated Financial Statements......... 7 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations................................. 13 PART II. Other Information ---------------------------- Item 1. Legal Proceedings........................ 15 Item 6. Exhibits and Reports on Form 8-K......... 15 Exhibit Index....................................... 17 2 3 PART I -- FINANCIAL INFORMATION ----------------------------------- ITEM 1. FINANCIAL STATEMENTS AVATAR HOLDINGS INC. AND SUBSIDIARIES Consolidated Balance Sheets Unaudited (Dollars in thousands) March 31, December 31, 1996 1995 --------- ------------ Assets ------ Cash $6,397 $2,467 Restricted cash 2,407 4,048 Investments - trading 42,390 48,258 Contracts, mortgage notes and other receivables, net 63,188 64,515 Land and other inventories 162,455 149,270 Property, plant and equipment, net 182,384 182,844 Other assets 15,579 15,209 Regulatory assets 4,050 4,021 -------- -------- Total Assets $478,850 $470,632 ======== ======== Liabilities and Stockholders' Equity ------------------------------------ Liabilities ----------- Notes, mortgage notes and other debt: Real estate and corporate $108,213 $104,897 Development and construction loan 31,696 24,535 Utilities 43,367 43,164 Estimated development liability for sold land 11,706 13,033 Accounts payable 10,614 9,306 Accrued and other liabilities 32,249 32,886 Deferred customer betterment fees 18,922 18,997 Minority interest in consolidated subsidiaries 9,062 9,060 -------- --------- Total Liabilities 265,829 255,878 Commitments and contingent liabilities Contributions in aid of construction 55,685 56,342 Stockholders' Equity -------------------- Common Stock, par value $1 per share Authorized: 15,500,000 shares Issued: 12,715,448 shares 12,715 12,715 Additional paid-in capital 207,271 207,271 (Deficit) retained earnings (677) 399 -------- -------- 219,309 220,385 Treasury stock, at cost, 3,620,346 shares 61,973 61,973 -------- -------- Total Stockholders' Equity 157,336 158,412 -------- -------- Total Liabilities and Stockholders' Equity $478,850 $470,632 ========= ======== See notes to consolidated financial statements. 3 4 AVATAR HOLDINGS INC. AND SUBSIDIARIES Consolidated Statements of Operations For the Three Months Ended March 31, 1996 and 1995 (Unaudited) (Dollars in thousands except per share data) For the three months ended March 31, --------------------------- 1996 1995 -------- -------- Revenues -------- Real estate sales $17,321 $13,367 Deferred gross profit (312) (437) Utility revenues 8,201 7,795 Interest income 2,288 2,523 Trading account profit, net 1,001 2,884 Other 400 89 --------- --------- Total revenues 28,899 26,221 Expenses -------- Real estate expenses 18,150 15,410 Utility expenses 6,141 6,077 General and administrative expenses 2,553 2,170 Interest expense 2,926 2,746 Other 205 204 --------- --------- Total expenses 29,975 26,607 --------- --------- Loss before income taxes (1,076) (386) Provision for income taxes - - --------- --------- Net loss ($1,076) ($386) ========= ========= Per share amounts: Net loss ($.12) ($.04) ========== ========== See notes to consolidated financial statements. 4 5 AVATAR HOLDINGS INC. AND SUBSIDIARIES Consolidated Statements of Cash Flows (Unaudited) (Dollars in Thousands) For the three months ended March 31, -------------------------- 1996 1995 ---------- -------- OPERATING ACTIVITIES -------------------- Net loss ($1,076) ($386) Adjustments to reconcile net loss to net cash (used in) provided by operating activities: Depreciation and amortization 2,455 2,508 Deferred gross profit 312 437 Cost of sales not requiring cash 1,025 871 Trading account profit, net (1,001) (2,884) Changes in operating assets and liabilities: Restricted cash 1,641 (181) Investments - trading 7,100 - Principal payments on contracts receivable 4,347 5,303 Receivables (2,200) (2,849) Other receivables (1,132) (180) Inventories (15,537) (4,635) Other assets (370) (1,194) Accounts payable and accrued and other liabilities 336 4,347 ------- -------- NET CASH (USED IN) PROVIDED BY OPERATING ACTIVITIES (4,100) 1,157 INVESTING ACTIVITIES -------------------- Investment in property, plant and equipment (2,652) (3,125) -------- ------- NET CASH USED IN INVESTING ACTIVITIES (2,652) (3,125) FINANCING ACTIVITIES -------------------- Net proceeds from revolving lines of credit and long-term borrowings 22,569 5,968 Principal payments on revolving lines of credit and long-term borrowings (11,887) (4,666) -------- ------- NET CASH PROVIDED BY FINANCING ACTIVITIES 10,682 1,302 -------- ------- INCREASE (DECREASE) IN CASH 3,930 (666) Cash at beginning of period 2,467 4,765 -------- -------- CASH AT END OF PERIOD $6,397 $4,099 ======== ======== 5 6 AVATAR HOLDINGS INC. AND SUBSIDIARIES Consolidated Statements of Cash Flows -- continued (Unaudited) (Dollars in thousands) SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION: -------------------------------------------------- For the three months ended March 31, --------------------------- Cash paid during the period for: 1996 1995 -------- -------- Interest (net of amount capitalized of $1,019 and $616 in 1996 and 1995, respectively) $791 $1,154 ======== ======== Income taxes - - ======== ======== SUPPLEMENTAL SCHEDULE OF NON-CASH FINANCING ACTIVITIES ------------------------------------------------------ 1996 1995 -------- ------- Contributions in aid of construction $101 $472 ======== ======= See notes to consolidated financial statements. 6 7 AVATAR HOLDINGS INC. AND SUBSIDIARIES Notes to Consolidated Financial Statements (Unaudited) (Dollars in thousands) Basis of Statement Presentation and Summary of Significant ---------------------------------------------------------- Accounting Policies ------------------- The consolidated balance sheets as of March 31, 1996 and December 31, 1995, and the related consolidated statements of operations and cash flows for the three month period ended March 31, 1996 and 1995 have been prepared in accordance with generally accepted accounting principles for interim financial information, the instructions to Form 10-Q and Article 10 of Regulation S-X. Accordingly, they do not include all of the information and footnotes required by generally accepted accounting principles for complete financial statement presentation. In the opinion of management, all adjustments necessary for a fair presentation of such financial statements have been included. Such adjustments consisted only of normal recurring items. Interim results are not necessarily indicative of results for a full year. For a complete description of the Company's other accounting policies, refer to Avatar Holdings Inc.'s 1995 Annual Report on Form 10-K and the notes to Avatar's consolidated financial statements included therein. Reclassifications ----------------- Certain amounts presented for 1995 have been reclassified in the financial statements for comparative purposes. Net Loss Per Common Share ------------------------- For the three months ended March 31, 1996 and 1995, net loss per common share is computed on the basis of the weighted average number of shares outstanding of 9,095,102. Restricted Cash --------------- Restricted cash includes collections of monthly payments, totaling $851 at March 31, 1996, on pledged mortgage notes receivable. These collections will be applied to reduce the related mortgage trust notes. Also included in restricted cash, at March 31, 1996, are utility deposits of $97, as well as housing deposits of $1,459 which have been placed in escrow. The housing deposits will become available to the Company when the housing contracts close. Impact of Recently Issued Accounting Standards: ----------------------------------------------- In March 1995, the FASB issued Statement No. 121, "Accounting for the Impairment of Long-Lived Assets and for Long-Lived Assets to be Disposed Of," which requires impairment losses to be recorded on long-lived assets used in operations when indicators of impairment are present and the undiscounted cash flows estimated to be generated by those assets are less than the assets' carrying amount. Statement No. 121 also addresses the accounting for long-lived assets that are expected to be disposed of. The Company adopted Statement No. 121 in the first quarter of 1996, and there has been no material impact on the Company's operations or financial position. 7 8 Notes to Consolidated Financial Statements (Unaudited) -- continued Use of Estimates: ----------------- The preparation of the financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Accordingly, actual results could differ from those reported. Investments - trading --------------------- The Company classifies all of its investment portfolio as trading. This category is defined as including debt and marketable equity securities held for resale in anticipation of earning profits from short-term movements in market prices. Trading account securities are carried at fair market value, and both realized and unrealized gains and losses are included in net trading account profit. Fair values for actively traded debt securities and equity securities are based on quoted market prices on national markets. Fair values for thinly traded investment securities are generally based on prices quoted by investment brokerage companies . Avatar's investment portfolio at March 31, 1996 and December 31, 1995 included corporate bonds and other bonds rated B- or above by Moody's and/or Standard and Poor's, non-rated bonds of companies which are in bankruptcy and have defaulted as to payments of principal and interest on such bonds, equity securities, money market accounts and U.S. Government and Agency securities. The non-rated bonds are thinly traded and may require 60 to 90 days to liquidate. The portfolio also includes obligations for securities which have been sold that the Company does not own and will, therefore, be obligated to purchase at a future date. Such obligations have been recorded at the fair market value of the securities and contain an element of market risk in that, if the securities increase in value, it will be necessary to purchase the securities at a cost in excess of the price at which they were sold previously. The following table sets forth the fair values of investments (including securities sold short which are valued at the cost to purchase): March 31, December 31, 1996 1995 --------- ------------ Corporate bonds $21,237 $21,985 Non-rated bonds 50 8,472 Equity securities 94 2,045 Other rated bonds 9,373 4,753 Money market accounts 11,842 11,519 Less: Securities sold short (206) (516) --------- --------- Total market value $42,390 $48,258 ========= ========= Aggregate cost $40,984 $44,116 ========= ========= 8 9 Notes to Consolidated Financial Statements (Unaudited) -- continued Contracts, Mortgage Notes and Other Receivables ----------------------------------------------- Contracts, mortgage notes, and other receivables are summarized as follows: March 31, December 31, 1996 1995 ----------- ------------ Contracts and mortgage notes receivable $86,052 $89,317 Notes and other receivables 8,419 7,268 ----------- ------------ 94,471 96,585 ----------- ------------ Less: Deferred gross profit 26,942 27,589 Allowance for doubtful accounts 1,092 1,003 Market valuation reserve 437 704 Other 2,812 2,774 ---------- ------------ 31,283 32,070 ---------- ------------ $63,188 $64,515 ========== ============ Land and Other Inventories -------------------------- Inventories consist of the following: March 31, December 31, 1996 1995 ---------- ----------- Land developed and in process of development $99,998 $95,315 Land held for future development or sale 34,843 34,790 Dwelling units completed or under construction 26,733 18,044 Other 881 1,121 ---------- ---------- $162,455 $149,270 ========== ========== Minority Interest in Consolidated Subsidiaries ---------------------------------------------- Minority interest in consolidated subsidiaries is represented by preferred stock of Avatar Utilities' subsidiaries. Total preferred stock outstanding is as follows: March 31, December 31, 1996 1995 ---------- ------------ 9% Cumulative preferred stock $9,000 $9,000 Other 62 60 ---------- ------------ $9,062 $9,060 ========== ============ 9 10 Notes to Consolidated Financial Statements (Unaudited) -- continued Minority Interest in Consolidated Subsidiaries - continued ---------------------------------------------- Avatar's utility subsidiary's 9% cumulative preferred stock issue provides for redemption no earlier than March 1, 1997, in whole or in part; however, a minimum of $1,800 per annum of the preferred stock must be redeemed beginning in 1997. A redemption of all outstanding shares must occur no later than March 1, 2001. Charges to operations recorded as "Other Expenses" relate to preferred stock dividends of subsidiaries for the three months ended March 31, 1996 and 1995, which amount to $205 and $204 , respectively. Income Taxes ------------ Deferred income taxes reflect the net tax effect of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company's deferred income tax assets and liabilities as of March 31, 1996 and 1995 are as follows: 1996 1995 --------- -------- Deferred income tax assets Net operating loss carryforward $17,000 $10,000 Tax over book basis of land inventory 23,000 22,000 Unrecoverable land development costs 3,000 5,000 Tax over book basis of depreciable assets 7,000 6,000 Alternative minimum tax and investment tax credit carryforward 5,000 5,000 Other 2,000 3,000 --------- -------- Total deferred income taxes 57,000 51,000 Valuation allowance for deferred income tax assets (42,000) (38,000) --------- -------- Deferred income tax assets after valuation allowance 15,000 13,000 Deferred income tax liabilities Book over tax income recognized on homesite and vacation ownership sales (5,000) (4,000) Deferred carrying charges on utility plant (3,000) (3,000) Other (7,000) (6,000) --------- -------- Total deferred income tax liabilities (15,000) (13,000) --------- -------- Net deferred income taxes $0 $0 ========= ======== 10 11 Notes to Consolidated Financial Statements (Unaudited) -- continued Income Taxes -- continued ------------ A reconciliation of income tax expense to the expected income tax expense (credit) at the federal statutory rate of 34% for the three months ended March 31, 1996 and 1995 is as follows: For the Three Months ended March 31, -------------------- 1996 1995 -------- -------- Income tax (credit) computed at statutory rate ($366) ($131) Income tax effect of non-deductible dividends on preferred stock of subsidiary 70 69 State income tax (credit), net of federal effect (30) 0 Other, net 326 62 -------- -------- Provision for income taxes $0 $0 ======== ======== Contingencies ------------- Avatar is involved in various pending litigation matters primarily arising in the normal course of its business. Although the outcome of these and the following matters cannot be determined, management believes that the resolution of these matters will not have a material effect on Avatar's business or financial position. On October 1, 1993, the United States, on behalf of the U.S. Environmental Protection Agency, filed a civil action against Florida Cities Water Company, a utility subsidiary of Avatar, in the U.S. District Court for the Middle District of Florida. (United States v. Florida Cities Water Company, Civil Action No. 93-281-CIV-FTM-21(D)). The complaint alleges that the Waterway Estates wastewater treatment plant, located in Lee County, Florida, operated in violation of the Federal Clean Water Act, 33 U.S.C. S1251 et seq at various times during the period from October 1, 1988 through July 14, 1992. The Federal Clean Water Act provides for maximum civil penalties of $25 per day for each violation. On May 5 and June 26, 1995, the United States amended the complaint to include allegations against Florida Cities Water Company for violations of the Federal Clean Water Act at two other wastewater treatment plants, Barefoot Bay, located in Brevard County, and Carrolwood, located in Hillsborough County, Florida. The amended complaint alleges that the three wastewater treatment plants were operated for various periods of time without a federal discharge permit and that, subsequently, certain pollutants were discharged in excess of applicable federal permit limitations. In addition, the government amended the complaint to include Avatar Holdings Inc., the ultimate parent corporation, as a defendant. As a result of the Court's disposition of two previous motions for partial summary judgment, the Government's claims that the Brevard County and Hillsborough County plants made discharges without operating permits have been rejected, but the Court found that the Waterway Estates plant did discharge from an unpermitted location and made discharges without an operating permit. The Court also found each plant made discharges in excess of permit limitations at various times during the period alleged. The Court found, 11 12 Notes to Consolidated Financial Statements (Unaudited) -- continued Contingencies -- continued ------------- however, that the parent corporation had no liability for the claims of unpermitted discharges at any of the three plants; the Court has not ruled on the parent corporation's liability for any remaining claims. Accordingly, the principal issues remaining in the case relate to calculations of penalties, if any, due for discharges from the plants which were allegedly not in accordance with the applicable permits and administrative orders, and for the discharges made without an operating permit at the Waterway Estates plant and whether the parent corporation has any liability for the remaining claims. The trial was held in March and April, 1996 and the filing of trial briefs is expected to be in June 1996. Based upon the information currently available to it, Avatar believes that it has strong defenses to the amended complaint and intends to continuue to pursue these defenses vigorously. On March 1, 1994, the Wisconsin Department of Natural Resources (the "Department") notified Avatar that the Department had recently issued a second Record of Decision ("ROD") in connection with the Edgerton Sand & Gravel Landfill site (the "Site"). The ROD calls for the City of Edgerton's public water supply system to be extended to the owners of private wells in the vicinity of the Site. The ROD also states that other work related to soil and groundwater remedial action would be required at the Site. The Department demanded that all potentially responsible parties ("PRPs") associated with the Site organize into a PRP group to undertake the implementation of the ROD. Avatar responded in writing to the Department. No further action has been taken since by the Department against Avatar in connection with the ROD. On November 1, 1994, certain private parties filed a civil action against Avatar and twenty other defendants, in Rock County Circuit Court Wisconsin. (Alderman, et al v. DT Inc., et al, Civil Action Case No. 94 CV 675). The plaintiffs allege that Avatar and the other named defendants disposed of various substances at the Site, thereby causing contamination of the groundwater source used by the plaintiffs. On March 8, 1996, the plaintiffs entered into a settlement agreement with seventeen of the named defendants, including Avatar (the "Settling Defendants"). The Settling Defendants have agreed to pay the plaintiffs an aggregate of $3,179 in damages (of which Avatar's share is $548). Under the terms of the settlement, the Settling Defendants receive: a release and covenant not to sue from the plaintiffs; a release, covenant not to sue and contribution protection from the Department in connection with operating and maintenance costs at the Site; and releases and covenants not to sue from those Settling Defendants who have incurred cleanup costs at the Site. The settlement, however, will not be effective if the costs of constructing and operating the public water supply system exceeds $3,020 or the Wisconsin Department of Development fails to award the city of Edgerton a $750 grant in connection with the design and construction of the public water supply system. The grant was awarded to the city of Edgerton. The Settling Defendants are negotiating the terms of the Consent Decree with the Department and the State Department of Justice. If the settlement does not become effective, Avatar has available to it a number of factual and legal defenses, which if successful, would eliminate or substantially reduce Avatar's potential liability. 12 13 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations (dollars in thousands except per share data) RESULTS OF OPERATIONS --------------------- Operations for the three month period ended March 31, 1996, resulted in a net loss of $1,076 or $.12 per share, compared to a net loss of $386 or $.04 per share for the same period of 1995. The decrease in operating results for the three months was primarily attributable to a decrease in trading account profits partially offset by an increase in real estate operating results and utility operating results. Avatar's real estate revenues for the three months ended March 31, 1996, increased $3,954 or 29.6%, while real estate expenses increased $2,740 or 17.8%, when compared to the same period of 1995. The increase in real estate revenues for the three month period ended March 31, 1996 is generally a result of increased housing, vacation ownership, and resort revenues, as well as, a bulk land sale. The increase in real estate expenses for the three month period ended March 31, 1996, when compared to the same period of 1995, is essentially a result of increased real estate sales volume and increased selling expenses related to new projects within home-building operations. Data from home-building operations for the three months ended March 31, 1996 and 1995 is summarized as follows : Three Months 1996 1995 ----------- ----------- Units closed ------------ Number of units 44 25 Aggregate dollar volume $3,825 $2,008 Average price per unit $87 $80 Units sold, net --------------- Number of units 142 79 Aggregate dollar volume $17,819 $19,521 Average price per unit $125 $247 Backlog March 31, ------- 1996 1995 --------- ---------- Number of units 250 113 Aggregate dollar volume $45,972 $22,563 Average price per unit $184 $200 The decrease in the average price per unit sold is a result of sales reservations written during the fourth quarter of 1994 at the Company's Harbor Island project converting to contracts during the three months ended March 31, 1995. Utility revenues for the three months ended March 31, 1996, increased $406 or 5.2% when compared to the same period of 1995. The increase in utility revenues is primarily attributable to the implementation of rate increases as well as customer growth. Utility 13 14 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations (dollars in thousands except per share data) -- continued RESULTS OF OPERATIONS -- continued --------------------- expenses for the three months ended March 31, 1996, increased $64 or 1.1%, when compared to the same period of 1995. The increase in utility expenses is due to higher utility operating costs. Interest income for the three months ended March 31, 1996, decreased $235 or 9.3% when compared to the same period for 1995. The decline in interest income is due to lower average aggregate amounts outstanding in the Company's contract and mortgage notes receivable portfolio. Avatar's contracts and mortgage notes receivable portfolio amounted to $86,052 at March 31, 1996, compared to $97,390 at March 31, 1995. Trading account profit, net for the three months ended March 31, 1996, decreased $1,883 or 65.3% compared to the same period for 1995. The lower average amount invested in the Company's investment portfolio contributed to the decline in trading account profit. Trading account profit represents interest income and realized and unrealized gains and losses related to the trading investment portfolio, net of commissions payable to brokers. General and administrative expenses for the three months ended March 31, 1996, increased $383 or 17.6% compared to the same period of 1995. The increase for the three months ended March 31, 1996 is mainly attributable to an increase in the accrual for incentive compensation. Interest expense for the three months ended March 31, 1996, increased $180 or 6.6% compared to the same period of 1995. The increase for the three months is primarily due to the increase in the outstanding balance of notes, mortgage notes and other debt which was partially offset by the capitalization of interest, which was greater for the first three months of 1996 compared to the same period in 1995. LIQUIDITY AND CAPITAL RESOURCES ------------------------------- Avatar's primary business activities, which include housing, vacation ownership, retail land sales, land development, resort operations and utility services, are capital intensive in nature. Avatar expects to have available a combination of cash and investment securities on hand, operating cash flows and external borrowings, which management believes is adequate to fund its operations and capital requirements. Avatar had approximately $42,390 in investments, at March 31, 1996, which were classified as trading. The Company intends to continue to actively trade such securities in an effort to generate profits and will reinvest such profits until such time as the Company's cash requirements necessitate the use or partial use of the portfolio proceeds. During the three months ended March 31, 1996, the Company's cash requirements necessitated the sale of $7,100 of its portfolio investments. A portion of the investment portfolio collateralizes a $36,000 line of credit which had an outstanding balance at March 31, 1996, of $36,000 and will mature during the second quarter of 1997. 14 15 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations (dollars in thousands except per share data) -- continued LIQUIDITY AND CAPITAL RESOURCES - continued ------------------------------- In March 1996, the Company obtained a credit line in the initial amount of $10,000, which matures May 31, 1997 and is collateralized by the stock of Avatar Mortgage Funding Inc. This line will be increased to $16,000 upon repayment of the Avatar Homesite Mortgage Trust Notes, which Avatar expects to occur during the third quarter of 1996. At March 31, 1996, this line had an outstanding balance of $8,000. Upon repayment of the Avatar Homesite Mortgage Trust Notes, the contracts receivable, which had secured the Mortgage Trust Notes, will be substituted as collateral for the Company's obligations under the credit line. On April 17, 1996, the Company obtained an additional line of credit for $10,000. This credit facility matures in April 2001 and is collateralized by certain contracts receivable. Maturities of debt for 1996 include approximately $7,894, related to one of the Company's bank credit lines, which matures in May 1996. Avatar is currently negotiating to extend or refinance this credit line; however, there is no assurance that Avatar will be able to obtain a satisfactory extension or refinancing of this credit line. PART II -- OTHER INFORMATION ---------------------------- Item 1. Legal Proceedings The information, which is set forth in the second and final paragraph under the caption "Contingencies" in the Notes to Consolidated Financial Statements (Unaudited) in Item 1 of Part I of this Report, relating to the October 1, 1993 and the November 1, 1994 civil actions against Avatar, respectively, is incorporated herein by reference. Item 6. Exhibits and Reports on Form 8-K Exhibits 27 Financial Data Schedule (filed herewith) Reports on Form 8-K No reports on Form 8-K were filed during the quarter ended March 31, 1996. 15 16 SIGNATURES ---------- Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. AVATAR HOLDINGS INC. Date: May 15, 1996 By: /s/ Lawrence L. Colditz ------------ ------------------------ Lawrence L. Colditz Controller Date: May 15, 1996 By: /s/ Charles L. McNairy ------------ ------------------------ Charles L. McNairy Executive Vice President, Treasurer and Chief Financial Officer 16 17 Exhibit Index 27 Financial Data Schedule (filed herewith).............. 18 17