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Deerfield New Connection

June 13, 2024

 

To all Deerfield Resort Property Owners,

 

We want to update you on the ongoing formation of the Deerfield Resort Homeowners Association and the election of the Board of Directors, which has been delayed due to legal issues. Although we hoped for quick progress after the April 2 hearing, we just received a new hearing date of Tuesday, June 25 at 1:00 p.m. in Morristown. At this hearing, Judge Boniface will address the Bylaws and CCRs (Covenants, Conditions, and Restrictions), set an election date, and hear three motions. Any remaining motions will be heard at a future date.

 

At the April 2 hearing, Judge Boniface instructed all parties, including Mr. Reams, to submit their own versions of the bylaws by May 2 if they couldn’t agree on a joint version of bylaws. Mr. Hurley submitted the Plaintiffs' version by the deadline. Judge Boniface also requested versions of the CCRs, and by May 2, Mr. Hurley submitted the Plaintiffs' CCRs. Mr. Reams and the Defendants also submitted their versions.

 

However, Fields Development Company filed amended CCRs with the Campbell County Register’s Office without informing the court or the receiver. The Amended Declaration of Protective Covenants and Restrictions for Deerfield Resort  was filed on May 2, 2024. This document removes any current and future Deerfield Resort restrictions from any property within Deerfield claimed to be “Developer Owned,” as shown in the Exhibit A map below. In other words, the restrictions will apply to everyone except the Fields and their companies. This would exclude approximately 121 acres surrounding, and within, Deerfield from all restrictions allowing for any type of commercial project or residential development.

Additionally, prior to submitting the amended CCRs to the County, Fields Development Company executed a Quit Claim Deed  transferring the golf course property to The Greens of Deerfield. This deed also removes all Deerfield Resort CCRs from the 123-acre golf course property. Without CCRs to protect our residential community, this could significantly impact the values of homes on, and surrounding the golf course as there would be no community guidelines to prevent potentially disruptive or undesirable developments. Also there is no existing requirements that the golf course be maintained as a golf course.  Any future owner could convert it to any desired use.  When combined with the Developer's property described above, 244 acres would be exempt from any restrictions. That is nearly 25% of the approximately 1,000 acres of Deerfield Resort. 

 

Campbell County does not have zoning laws to protect our property, so without any restrictions, development on these large parcels of  developer and golf course owned property could negatively affect all property owners in Deerfield.

 

As you read through the amended CCRs filed by Fields Development Company, here are some key points to review and consider:

 

  • Page 1, Definitions: The definition for “Common Area” means that all common areas are owned by Fields Development Company and/or Paul and Madeline Fields. Fields Development Company has been collecting HOA fees to maintain property they own, which is not appropriate. HOA dues should be used for property owned by the HOA.

 

  • Page 2, Creation of Lien and Personal Property Obligation for Assessments: Fields Development Company creates the right to put a lien on property for unpaid dues from 2019–2023. This applies to all property owners for all parcels owned.

 

  • Page 3, Emergency Assessments:  If there is a financial shortfall, all property owners will receive an Emergency Assessment to cover it. This is concerning because Scott Fields admitted they lack a budget and have repeated annual shortfalls, with no contingency or reserve fund existing.

 

  • Page 4, Effect of Nonpayment of Assessments:  Fields Development Company can foreclose on a property or suspend approval for improvements if dues are unpaid.

 

  • Page 4, Further Amendment of Restrictions: As previously mentioned, Fields Development Company states that their property in Deerfield Resort will not follow any regulations, Covenants, or Restrictions adopted by the Board until they convey undeveloped parcels and submit to HOA recorded restrictions. They also retain the right to amend these Restrictions and Covenants for their undeveloped parcels.

     

Amended CCRS filed in Campbell County May 2, 2024

 

Fields Development Company has a duty to protect our interests as property owners, but they have not  done so. Their recent actions have led to an additional motion being filed with the court to declare these new restrictions void.

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Please join us in protecting the investment of every Deerfield Property Owner! If you have questions or want to help, you may reach us through our email below.

 

Most sincerely,

Your Deerfield Neighbors Advocating for Property Owner Rights 

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