Deerfield News Connection

January 10, 2025

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Overview of Court Order in Response to Receiver's Report

 

The lawsuit filed in 2019 focuses on transferring control of the Deerfield Resort Homeowners Association (HOA) from the developers to the property owners. In response to the Receiver’s report of December 18, 2024, the court has issued a clear set of instructions to move the election process forward and ensure property owners can have a say in the management of their HOA. Below is a breakdown of the court’s key orders.

 

1. Election Process: 

 

What the Receiver’s Report Stated: The Receiver has hired Election Buddy to manage the election for the HOA’s first board of directors. Election Buddy will handle sending out ballots, counting votes, certifying results. “The Receiver anticipates handling the process of securing nominations for Directors although this could be done by Election Buddy for an additional charge.”

 

What the Court Ordered: Election Buddy will send out ballots and manage the nominations for the board. The Receiver now has full authority to take all necessary actions for conducting the election, without needing to ask the court for permission. 

 

   2.  Voting List: 

 

What the Receiver’s Report Stated: In order to conduct the election, Election Buddy needs a list of eligible voters with addresses, email addresses, and other contact information. (As stated in previous Connections this list is crucial to ensure that all eligible property owners can participate in the election).

 

What the Court Ordered: The election will continue despite concerns about the accuracy of the list of dues payments. Property ownership information is public and can be shared, but private details such as email addresses and phone numbers will only be made available for those nominated for board of director positions. “The Fields’ Defendants shall provide voting list to the Receiver within 20 days. If this matter comes before the court again, incarceration will be the punishment for any contempt found by the court.”

 

  3.   Management Contract: 

 

What the Receiver Requested: The Receiver has repeatedly asked the Fields’ Defendants for a proposal regarding the management of the HOA, but no proposal has been received. The Receiver is asking the court to set a deadline or allow the Receiver to seek proposals from other organizations.

 

What the Court Ordered: The Fields’ Defendants must provide a Deerfield Resort management contract to the Receiver within 20 days. “If this matter comes before the court again, incarceration will be the punishment for any contempt found by the court.”

 

  4.  Unpaid Fees: 

 

What the Receiver Requested: The Receiver understands that Mr. Hurley holds funds for unpaid dues owed by some plaintiffs. The Receiver is requesting that these funds be made available, as they are needed to conduct the election.

 

What the Court Ordered: “Within 20 days, Mr. Hurley shall provide Receiver with all past due fees held by him on behalf of his clients. If this matter comes before the court again, incarceration will be the punishment for any contempt found by the court.”

 

 

What This Means for You

 

As a property owner, this court order marks a significant step toward giving you a voice in the management of the Deerfield Resort HOA. Here's how it affects you:

 

• Participation in the Election: You will receive a ballot from Election Buddy to vote for the HOA's first board of directors. Be prepared to review the nominee’s biography and experience to ensure your vote helps shape the future of the Deerfield HOA.

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• Transparency in HOA Management: As a property owner, you have the right to inspect financial records upon request. The court states Deerfield accounts shall be made available for inspection upon request prioritizing transparency in the handling of dues payment records, management contracts, and financial details. 

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• Accountability for Developers: The court has set clear deadlines for the Fields’ Defendants to comply with these orders. This ensures the election process moves forward without further delays.

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• Your Role Moving Forward: Stay informed and engaged during this transition. Participate in the election, attend meetings, and stay connected through the soon-to-be launched HOA website (https://deerfieldresorthoa.com) or email updates managed by the Receiver.

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In Summary: The court is pushing forward with the election process to enable property owners to have control over their HOA by electing their first board of directors. The Receiver has the authority to act swiftly in resolving outstanding financial and organizational matters, with strict deadlines and serious consequences for non-compliance. This transition marks a key step in giving property owners a voice in the management of the HOA, shifting control from the developers to the community.  

 

For more details, you can review the full Report of the Receiver and the Judge’s Official Order using the links provided.

 

Link to Court Order

Link to Receiver Report and Request for Guidance