Deerfield News Connection 

August 9, 2024

 

August 2 Hearing Summary:
Key Decisions and Upcoming Actions for Deerfield Resort

 

During the August 2 hearing, technical difficulties with the Zoom connection caused a delay, making it challenging for those trying to listen remotely. To provide clarity, here’s a summary of the key points discussed:

• Intervenors' Motion Granted: Judge Boniface granted the motion for the Intervenors to join the lawsuit.

• By-Laws Finalized: The Judge reviewed the Bylaws, making only a few modifications that were agreed upon by all four attorneys. The Bylaws are now considered complete.

• Confusion Over CCRs: At the April 2, 2024, court hearing, Judge Boniface instructed legal counsel to submit drafts of the Covenants, Conditions, and Restrictions (CCRs) for her review within 30 days, stating she would decide on the final version. However, despite this instruction, Fields Development Company filed a set of CCRs with Campbell County on May 2, 2024, without informing the Receiver, the Court, or the Plaintiffs' counsel. This caused confusion and concern, particularly regarding a paragraph that grants the developer sole authority to amend the CCRs. Judge Boniface has now ordered all parties to submit any changes within seven days for a status conference.

• Status Conference on August 15th: A Zoom status conference is scheduled for August 15th, allowing the Judge to discuss the CCRs and other unresolved matters with the Receiver and all attorneys.

• HOA Board Election Set for December 1, 2024: The election for the Deerfield Resort HOA Board of Directors is scheduled for December 1, 2024. Mr. Reams will oversee the entire election process, including candidate nominations and voting. He plans to set up a webpage to communicate with all property owners. The election will be conducted through an online service called Election Buddy (www.electionbuddy.com), allowing property owners to vote remotely. Property owners should receive board nomination details soon. Once nominations are vetted, Mr. Reams will post the slate of potential candidates on the webpage, followed by instructions for the voting process.

• Eligibility to Vote: Judge Boniface clarified that property owners must pay their 2024 fees to be eligible to vote, with one vote granted per lot fee paid. For example, if a property owner has multiple properties, they will receive one vote for each lot for which the fee has been paid. The Judge also stated the invoicing would remain as it was for 2023, if you own a house and multiple lots you should only be invoiced for the house. You may voluntarily pay for your additional properties owned if you want additional votes.

• Security and Maintenance Fees: The Judge ruled that Fields Development Company may collect the outstanding fees for 2024. Additionally, she ordered that the Plaintiffs' fees held in Mr. Hurley's escrow account be transferred to Mr. Reams' escrow account.

• Deerfield Resort Boundaries and Restrictive Covenant Removal: Regarding the boundaries of Deerfield Resort, the Judge discussed the Quit Claim Deeds that transferred ownership of the Golf Course and removed Deerfield HOA restrictions from the golf course and other properties owned by the Fields. Mr. Reams expressed concern about potential negative impacts for the HOA and all property owners, urging the Judge to clarify "What is Deerfield?" After reviewing four maps provided by Mr. Reams, the Judge ruled that Deerfield includes the golf course and all of the Developer's property, beginning at the single point of ingress and egress through the security gate. Ongoing research will determine if previous restrictions apply, and this issue will be addressed in the August 15th status conference.