Derivative Lawsuit Documents

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 First Attorney Letter requesting Accountability and Resolution of HOA July 2019 

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Lawsuit #1 Filed Dec 2019

Due to the Developers refusing to discuss and work out a resolution, the committee decided legal action was necessary and filed the first motions against the Developer.

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PARC Properties Application for Commercial Dock with 288 slips (240 additional) at the Villas

January 2020

*public access on private roads

Woodson Application to install a Commercial Dock with 52 slips  in Deerfield Cove January 2020

*public access on private roads

18th and 19th Amendments to the Master Deed

*Tiny Homes above Deerlake Condos and another Condo building on the golf course

 

Tennessee HOA Laws

 TN Case Law March 2019

*similar case

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2019 Deerfield Resort HOA Annual Report with Board of Directors named

*many of these residents were unaware of being named

Initial Complaint Filed in Campbell County Chancery Court

Motion to Compel Developers to respond to 10 questions regarding the Deerfield HOA

Developers Responses to Questions Apr 2020

Application for Court Ordered Inspection of Records March 2020

Response to Application for Court Ordered Inspection Apr 2020

Amended Complaint filed in Campbell County Chancery Court May 2020

*added additional plaintiffs

 

Tennis Courts transferred from Common Area to Developer May 2020

Developer Amends Master Deed July 2020

*The "17th" amendment to the Deerfield Condo Owner's Association Master Deed, minor changes were made, without any property owner voting or being notified of the changes (even though the by-laws state 75% approval is required to amend).  One of these changes:  "The Developer Control period extends until the Developer turns control of the Homeowner's Association and the Common Areas over to the Unit Owners to be self-managed" appears to be a violation of state law in that a developer cannot have indefinite control.

Motion for Partial Summary Judgement September 2020

Numerous Reports of Sellers Being Assessed Additional Unknown Fees at Closings  by Developer

 *the Developers added "unpaid" Security and Maintenance fees, HOA fees, wall repair fees, or septic fees to closing documents.

Partial Summary Judgment Ruling 2021

Mediation March 2021 (Defendants terminated without resolution)

Motion to Compel to Demand for Records 2021

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 Motion for Receivership  2021

Receivership Order

Third Complaint Lawsuit June 2022

Motion to Dismiss Order

Motion to Reconsider Order

Motion for Interlocotory Appeal Order