DEERFIELD RESORT POA
Deerfield News Connection
June 29, 2024
Impacts of Campground on Deerfield:
Fields Development Company Fails to Protect our Community
Background
When the Fields decided to expand Deerfield Resort to include Deer Hill, they failed to incorporate the entire area into our existing HOA community. They effectively skipped over properties (follow the link below to aerial map) they were unsuccessful in buying or getting the owners to accept the restrictive covenants. By doing this, Fields Development Company created a gap in the HOA community, resulting in properties within the development that are not subject to the same standards.
Link to aerial map of “gap” in Deerfield Resort
When expanding a neighborhood governed by homeowner association (HOA) restrictive covenants, the developer has a duty to incorporate the annexed area into the existing HOA community, adding restrictions to the entire area of expansion. This ensures uniform property standards and governance, maintaining property values and community expectations. This duty exists because by marketing the community as an HOA there is an obligation to buyers that the entire development will be subject to consistent guidelines.
Through a series of Facebook discussions, residents recently learned that a Campground is being built on a lot that is part of the property which is included in the “gap” created in our community by the Fields. By failing to disclose important decisions and effectively exempting property from restrictions in order to expand, the developers put their growth goals over the interests of all property owners in Deerfield Resort.
Link to Facebook Discussion February 9, 2024 (removed from Facebook)
Developer’s Responsibility to HOA Interests
Fields Development Company, as the controller of the Deerfield Resort HOA, had a responsibility to prioritize the interests of the HOA and its members over their own business interests. This requires transparency, fairness, and adherence to community standards. However, by failing to disclose important decisions and effectively exempting the original owner(s) of the property where the proposed Campground is being built, they demonstrated a clear breach of their duty to the HOA and its members. This created a conflict of interest, where Fields Development Company's commercial interests were prioritized over the well-being of HOA members.
Fields Development Company President's Home Exempt from HOA Restrictions
Scott Fields admitted on Facebook that he is unable to correct the situation. He claimed he had approached the property owner, Mr. Arnold, to negotiate a purchase, but reported on Facebook that Mr. Arnold declined to sell. Perhaps Scott Fields could not convince Mr. Arnold on the merits of joining an HOA as Scott’s home is not part of the Deerfield Resort HOA. Despite the lack of a formal exemption registered on either Arnold's or Fields’ properties, the outcome remains unchanged—their deeds lack restrictions.
HOA Property Owners Investigate Public Approvals
After learning of plans for Mr. Arnold’s property, concerned residents contacted County Planning officials to check if the project had been approved. Residents were surprised when a County official responded, “Campbell County doesn’t have zoning restrictions, so the property isn’t zoned anything. It may be classified as residential for property tax purposes, but that can change with the land use. Any land in the unincorporated County can be used for anything as far as the County government is concerned. The only permitting needed is a Stormwater Pollution Prevention Permit.”
In a follow-up email, the County official added, “If there are deed restrictions on the property that have been violated, the HOA has the standing to sue for an injunction.” As described above, unfortunately, Mr. Arnold's property does not have Deerfield Resort HOA restrictions because Fields Development Company failed to protect our interests.
Residents also contacted Tennessee Department of Environment and Conservation (TDEC) to see if Mr. Arnold had received the required permits. At the time of the email exchange, a TDEC representative said, “We are responsible for issuing a stormwater permit, called the Tennessee Construction General Permit [CGP] or TNCGP. This site does not have one yet. He’ll also need a septic permit. We’ve been trying to contact him to discuss next steps.”
Yesterday, we learned, “TDEC has inspected the site multiple times and issued a NOV [Notice of Violation] for greater than 1 acre of land disturbance without CGP coverage and causing a condition of pollution via sediment discharge into Norris Reservoir. He was given time to install erosion control devices. A follow up inspection showed that no devices were installed. So TDEC will be issuing another NOV and require him to come to our office for a Compliance Review Meeting.” When asked how the violations impact the status of Mr. Arnold’s permits, the TDEC compliance officer wrote, “He [Mr. Arnold] still needs the permit coverage and that’s why we issued the first Notice of Violation. He hasn’t completed the application for the permits. The second NOV requires him to come to the office for a Compliance Review Meeting.“
See Aerial Photos of the Campground construction here
Conclusion
Fields Development Company's actions have clearly violated their duty to protect the Deerfield Resort community. By prioritizing their own interests and failing to uphold HOA standards and governance, they have jeopardized property values, community cohesion, and the integrity of our shared environment. It is imperative that steps are taken to hold Fields Development Company accountable and to restore trust and compliance within our community.
Why didn't Scott Fields or Paula Fields LeJeune, as Fields Development Company executives and Deerfield Resort HOA Board members, seek to protect our community?