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DEERFIELD NEWS CONNECTION

March 17, 2025 

 

Joinder Plaintiffs Align with Developer in HOA Records Dispute

 

Background and Unusual Alliance

A group of Deerfield Resort property owners, known as the Joinder Plaintiffs, joined Fields Development Company in a motion to limit access to the Homeowners Association (HOA) financial records. Since the HOA’s founding in the 1980s, Fields Development Company – the developer operating as "Deerfield Resort" and sharing a bank account with the HOA – has maintained control, with its finances closely linked to the association’s. Typically, property owners seek transparency in such cases, but the Joinder Plaintiffs, entering this derivative lawsuit in 2024, nearly five years after it began, supported the developer’s effort to restrict disclosure – a position that stands out given the norm.

 

Why This Stands Out
In derivative lawsuits, plaintiffs usually advocate for the community’s interests, often by pursuing financial transparency. Here, the Joinder Plaintiffs aligned with the Developer Defendants, a decision at odds with the broader call for openness ahead of the HOA’s first election on April 1, 2025. This election will shift control from the developer to property owners, making access to financial records essential for informed decision-making. This alignment raises concerns because it contradicts the role of plaintiffs who joined a lawsuit to seek transparency yet are now supporting the defendants’ efforts to block it - though it is possible some Joinder Plaintiffs did not fully endorse this move to shield the developer.

 

Ties to the Developer
The Joinder Plaintiffs’ alignment with Fields Development Company raises concerns due to their close ties. In derivative cases, plaintiffs are expected to act independently, yet some Joinder Plaintiffs are linked to the developer. For example, Paula Fields LeJeune serves as an officer for Fields Development Company, a Defendant, while also acting as the registered agent for 237 Doe Lane LLC, a Joinder Plaintiff. Her uncle, Jim Fields, owns 50% of Fields Development Company – per tax records from 2016 to 2019– and controls The Greens at Deerfield, a golf course exempted from HOA restrictions by Fields Development Company in 2024. This exemption, enacted during the ongoing lawsuit, affects all property owners by potentially altering property values and community standards tied to the golf course, highlighting potential conflicts of interest.

 

Court Prioritizes Transparency

Transparency is a cornerstone of HOA governance, ensuring property owners can monitor financial management. On February 13, 2025, the Chancery Court of Campbell County denied the Developer Defendants and Joinder Plaintiffs’ motion, ruling that property owners may access and share HOA financial records, provided privacy is protected. This decision reinforces property owners' right to financial transparency, empowering property owners’ right to make informed choices about their community’s future as the election approaches.  

 

Memo of Law submitted Jointly on behalf of Joinder Plaintiffs and All Defendants

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