DEERFIELD RESORT POA
Deerfield News Connection
July 30, 2024
August 2, 2024 Court Hearing Rescheduled from June 25th
The court hearing which was postponed in June is scheduled for this Friday, August 2, 2024, 10:00AM in Morristown.
The address is 510 Allison St. Morristown, TN 37814.
If you are unable to attend in person, please find the Zoom Link at the bottom of this page.
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As you recall this hearing was to consider three crucial motions that would have finalized the steps to transfer HOA management over to property owners. However, Judge Boniface will need to consider the "Joint Motion to Compel Joinder of Indispensable Parties" before continuing with other motions. This motion has continued the delay in forming the HOA and electing a Board of Directors.
Link to the Joint Motion to Compel Joinder of Indispensable Parties
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I. Motion/Report of Receiver
The Motion/Report of Receiver, dated April 30, 2024, proposes expanding the Receiver's authority to facilitate the transition to an HOA-managed entity at Deerfield Resort. In addition to broader powers, the Receiver also requests transferring control of restrictive covenants from Fields Development Company to the HOA to ensure consistent and transparent enforcement, establishing an advisory committee to support the Receiver in the transition of the HOA to property owner control, and creating an official website so that the Receiver may keep all property owners up to date on board elections and transition activities. These actions aim to empower property owners and improve community management significantly.
II. Plaintiffs' Motion for Order Divesting Management Control of Deerfield Resort
This motion seeks to transfer financial and management control of Deerfield Resort and its homeowner association from the defendants to the HOA, which is currently under the control of a court-appointed Receiver. Once a board is elected by property owners, the HOA would finally transition to property owner control.
The motion highlight concerns including the defendants' unilateral actions such as fee collection, refusal to share HOA accounting records, and amendments to covenants without proper consultation with property owners, the court, or the Receiver. The plaintiffs emphasize the necessity of a hearing to approve the bylaws, restrictions, election procedures, and to set an election date for the board of directors for Deerfield Resort HOA.
III. Motions Recommending Covenants, Conditions, and Restrictions (CCRs) and Bylaws
Judge Boniface has made it clear that she was committed to setting up CCRs, bylaws, and scheduling the HOA board election during this hearing. These steps are crucial for the community's future. By putting these in place, property owners will, for the first time in 38 years, have the framework they need to actively participate in the management and decision-making processes of the HOA. This is a big step towards more organized, participatory, and transparent community leadership.
After an April 2nd hearing, Judge Boniface asked the parties to submit drafts of the CCRs and bylaws. These documents are essential for defining property use, community standards, and governance procedures within Deerfield Resort, and for establishing a system that lets property owners participate in the HOA. There have been issues with the Defendants making unilateral changes to the CCRs, and exempting properties from restrictive covenants. Judge Boniface indicated she will review the drafts submitted by the parties and decide on the final version of the CCRs and bylaws.
Link to Plaintiffs' CCR Motion Link to Plaintiffs' Bylaw
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Topic: Campbell County Chancery Court, No. 19CV237, Valle, et al. v. Fields, et al.
Time: Aug 2, 2024 10:00 AM Eastern Time (US and Canada)
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Meeting ID: 160 6300 8147
Passcode: Boniface
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