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Lawsuit

A factual summary of the Developers history in Deerfield Resort
and why a Lawsuit has become necessary.

*See the documents tab for additional information

Background

We (the Deerfield Resort Property Owners Group for an HOA) DID NOT want this.  Being concerned regarding the operation of the "existing HOA" established by the developer, we only wanted answers to our questions regarding the operation of the HOA and the accounting of expenses for the HOA. Our repeated requests to the developer to show what our "Security and Maintenance" fees were being used for were ignored.

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At the heart of this dispute is Fields Development Company, Inc (the Developer) and their insistence they maintain absolute control of Deerfield Resort because of their claim of continued "under development".  In opposition to the Developer's belief are an increasing number of concerned owners whose goal is to maintain Deerfield Resort as Paul Fields original legal documents show:

Deerfield Resort Home Owners Association Original Articles of Incorporation 1986

Deerfield Resort Restrictions  Original 1985

Deerfield Resort Property and Building Restrictions 1986 first amendment 

Deerfield Resort Property and Building Restrictions  August 9, 2000 second amendment

Deerfield Resort Declaration of Protective Covenants and Restrictions  August, 2018

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We want to bring the Deerfield community together and protect all property owners investments with a properly organized and managed Home Owners Association allowing everyone the opportunity to be involved as Paul Fields originally intended. 

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Does anyone really want to spend tens of thousands of dollars on attorneys, and endure a painstakingly slow legal process?

NO - but, unfortunately, this is where we are... and we are determined to bring transparency and harmony to the Deerfield community. We are spending thousands of voluntary hours split amongst numerous people; meeting, accumulating facts, and rallying support all because we want to preserve our beloved community by having it managed according to EXISTING state laws.  

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EVERYONE with an investment in Deerfield should be concerned.

There is no personal vendetta against the Developers, but there is an issue with their business practices. 

Multiple attempts have been made to avoid litigation, but the Developers' refusal to answer questions, or even discuss our concerns, and offer mutually acceptable solutions has forced our hand to seek legal assistance. What started with a few property owners asking questions about "HOA" fees and reserves (and getting either no answers or inconclusive answers from the Developers) has now become an issue of legal vs illegal, right vs wrong as the issues being uncovering in this process are multiplying, and very complex. 

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Financially, it's estimated that the current "Security and Maintenance" being collected by the Developers is generating $300,000-$400,000 annually.  This combined with additional fees charged to the Condo owners for "HOA" dues, Septic maintenance, and Wall repair it is estimated the Developer-controlled income is approximately $700,000 PER YEAR. 

Background

What the Concerned Deerfield Owners Want

 

  

The future of Deerfield is at stake and should be determined with input from all property owners.

Your property (home, villa, condo, or lot) is an investment that you should have a say in protecting.  With that in mind, here are our objectives:

  •  Court assistance to designate a custodian or intermediary to take temporary control of Deerfield Resort so it may begin to function as a proper POA/HOA, representing the interest of all property owners, under the applicable Tennessee statutes such as:

    • Financial  Accountability for any and all financial transactions of Security and Maintenance Fees paid by property owners

    • UPDATE:  A Receivership has been granted by the court  

    • Document: Receivership Ordered May 12, 2021

    • Obtain a comprehensive listing of all property and related ownership (with contact information) including any sub-associations (condo HOA's).

    • Properly administer and record HOA/POA Board and Committee activity, providing full transparency to the community (including all meeting minutes and records). 

  • Return to the original Deerfield Restrictions from 1986 and follow those restrictions with property owner votes on updated covenants, conditions, and regulations to comply with the State of Tennessee Statutes, continually reviewing and updating as necessary. 

  • Define Deerfield Resort common property (ie: playground, pool, tennis courts)  and recapture any property that was improperly transferred to the Developer in violation of the 85/86 Master Deed and Tennessee state law.

  • Form various committees comprised of volunteers interested in serving and preferably have subject matter expertise, such as but not limited to:

    • Steering Committee

    • Legal / Finance Committee

    • Communications Committee

    • Condo / Villa / Airport Committees

    • Election Committee

  • Develop MINIMALLY RESTRICTIVE regulations that balance individual property owners rights with the POA (and sub-POA’s) regulations,  allowing for clarifications and correction to those who are ignoring the majority-approved rules of the community.

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  • Develop a security plan for the resort encompassing a controlled entrance, guidelines for the safe operation of all motorized vehicles and pedestrian traffic inside Deerfield Resort with periodic patrols for safety and security, and establishing an emergency plan relationship with county law enforcement, fire and rescue, and EMS. 

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  • Develop a community master plan for development, land management, routine maintenance and capital improvements, etc.

What owners want
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