March 12, 2024

 

Dear Deerfield Resort Community Members,

 

It has come to our attention that there have been numerous misleading posts and comments circulating on the Deerfield Resort on Norris Lake Homeowner Group Facebook page regarding the Plaintiffs compliance with the terms of the recent mediation agreement. We feel it is essential to provide accurate information to ensure transparency and clarity within our community.

 

Contrary to these posts, we want to clarify that the Plaintiffs are in compliance with the terms outlined in the mediation agreement. Specifically, Section 3 of the agreement requires all parties to pay any unpaid security and maintenance fees from 2020, 2021, 2022, and 2023 to the Deerfield Resort HOA. These fees, collected by the Plaintiffs’ counsel and discussed with the court receiver, are securely held in an escrow account awaiting transfer to a newly established Deerfield Resort HOA bank account. It's important to note that Plaintiff fees over the four-year period were paid either directly to the Defendants or to the escrow account.

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On the other hand, the Defendants were required to fulfill several obligations by January 28, 2024, as stipulated in the agreement. However, to date, none of these obligations have been met. These include conveying certain common area properties back to the Deerfield Resort HOA, paying unpaid fees for the above specified years, contributing to legal fees, and providing bank statements for the resort.

 

Efforts by the court receiver to move the Defendants to meet their obligations have been made since January 29, 2024. Despite repeated requests, there has been no success in obtaining compliance. As a result, a Motion to Compel Performance of Mediation Settlement Agreement and/or For Order of Contempt was filed on February 22, 2024. We await a court date to hear this motion and will keep the community updated on any developments.

 

We want to emphasize that, despite these challenges, we remain committed to working with the Defendants to meet the terms of the mediation agreement. Our goal is to come together as neighbors, acknowledging the challenges that have divided us while embracing the opportunity to heal, unite, and thrive as one community.

 

Transitioning the management of the homeowner association (HOA) from the developer to homeowners is a vital step towards promoting community empowerment, accountability, and long-term stability. While developers play a crucial role in establishing the initial infrastructure and amenities of a community, their long-term interests may differ from those of the residents. By turning control over to the homeowners, the HOA can ensure that current and future decisions are made with the best interests of the entire community in mind. Homeowners are invested in the well-being of their neighborhood and are more likely to prioritize maintenance, governance, and financial management practices that enhance property values and quality of life.

 

We appreciate that this lawsuit has been long and difficult, resulting in divisions within the community. However, we believe that through open communication and participation in the HOA process, a positive agreement will be reached that results in a sustainable community today and for future generations. 

 

Thank you for your continued interest and support. Please feel free to reach out with any questions or concerns.

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Most sincerely,

Your Deerfield Neighbors

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Here is a link to the approved Mediation Agreement if you would like a review.