Election Intro & Hearing Summary 8/22/2024

With the election of a Board of Directors finally scheduled in 90 days, it is important that every property owner makes an informed decision about who will represent their best interests in Deerfield Resort, and has the information by which to make their vote count!

We have always ensured that everything written in the “Connection” is factual with the documentation to support it. Therefore, from now until the election, evidence of what has been learned throughout this process will be shared with the community.

We understand that the information we are going to provide may cause distress, disappointment, and even anger among some of the property owners in Deerfield Resort, however, all property owners should be aware of the information we will share. We also understand that some will take to Facebook, as has been the pattern, with the typical slander, personal attacks, and nasty comments to deflect your attention away from the FACTS that will be presented.

In the last 2 hearings, Judge Boniface has made it clear she wants the By-Laws, CCRs, and Board of Directors elected and in place before proceeding with other motions; the election has been scheduled for December 1st, 2024! Seeing all parties agreeing and working together to achieve an HOA is very encouraging.

Hearing August 22, 2024 Notes

The hearing started at 9:17 am and adjourned at 9:37 am

Mr. Hurley advised the Judge that all election-related documents that have been presented in the past have been recirculated to all of the attorneys. There didn’t seem to be any objection to them at this time.

Mr. Hawkins stated he did not see any issues with the election documents and brought up that they are working on the property owner list, and it will show the lot owner by tax parcel.

Mr. Reams asked for approval of the new website he wishes to use to communicate with all property owners. Mr. Carter (Intervenor’s attorney) requested that the agreement with the website provider Mr. Reams chooses is a short-term contract to allow the new HOA to make any desired changes. All attorneys agreed with the website. Judge Boniface approved this request.

Mr. Reams has been working with Election Buddy, indicating some things need to be completed. Preston Hawkins acknowledged the Defendants need to provide the most current property owner address list to Mr. Reams.

Mr. Carter indicated that a “record date” needs to be set, Mr. Reams stated it should be in the bylaws agreeing there needs to be a cut-off date. All agreed the record date for our first election is October 1st. The cut-off date will be used for voter eligibility.

Mr. Carter will write up the “Order” for the Judge’s approval of Mr. Reams’ website, and the Record date will be set as October 1st.

Mr. Reams requested the list that the Fields just used to send out the invoices for the 2024 fees, asking that they also provide information on how many email and mailing addresses came back. Preston stated that he would get it to Mr. Reams that day or within the next day or two, and in a format that shows lot and parcel numbers as suggested by Mr. Carter.

Mr. Hurley requested the attorneys get together to finalize the election documents for the Judge’s approval specifically mentioning the sample nomination form, with the required 10 or 20 property owner endorsements and the nominee’s willingness to serve.

The next hearing is scheduled for September 11, 2024, at 2:00 pm to finalize the election documents, as well as the Order regarding the "Amended Declaration of Protected Covenants and Restrictions for Deerfield Resort" filed by the Developer on 5/2/2024, specifically paragraph #9 below will be discussed because both the Plaintiffs and Mr. Reams disagree with the following paragraph:
- "FURTHER AMENDMENT OF RESTRICTIONS: The Developer continues to reserve the right to develop property in Deerfield Resort and to be involved in the promotion of Deerfield Resort. Effective upon the election of the Association’s initial Board of Directors (the “Board), the Developer assigns to the Board the sole authority to amend the Restrictions as they relate to previously conveyed and developed properties in Deerfield Resort; provided, however, that any property owned by the Developer in Deerfield Resort as of the effective date of this Amended Declaration shall not be subject to any regulations, Covenants or Restrictions adopted by the Board until the Developer conveys undeveloped parcel and submits to the HOA and recorded restrictions, The Developer retains the right to amend the Restrictions and Covenants as they relate to undeveloped parcels.”