Let the Games Begin

Wednesday was a surprising and incredible day for the interpleaders, some of whom are members of Preserve Plantation. At 4:30PM our Attorney, Mr. David Leroy, was informed that Judge Jonathan Medema in The 4th District Court granted the interpleaders motion to Intervene and directed us to file our Complaint in Intervention. Just as importantly our cause may move forward based on the intervenors motion alone.

Three hours later the HOA Board voted to remove both the notice of violation against the River Club and to withdraw their previous motion for Declaratory Judgement.  BUT----We still have standing and permission to proceed! We plan to proceed.

A little background information is required to present where our group is coming from. A member of the HOA Board and a member of the AECC admitted that they haven’t even read the entire Master Declaration Contract (MDC). How can we hope to have an intelligent discussion about our case without a common pillar based in the facts and the law? I am willing to bet that the majority of homeowners in the audience last night had not read the contract.

If the Board were clearly interested in transparency and fairness, they would present and explain the letter from Mr. Leroy to the Board sent via their legal counsel Ms. Collins on the AMI Web Site. Homeowners and neighbors should know how hard our group has worked to make things simple and easy for the Board.

In that letter our group offered to take on all the legal fees moving forward, The HOA would not be burdened with legal fees and homeowners’ dues would not be jeopardized. Legal fees would have been paid by our group up through the appeals process.

Secondly, we also offered to indemnify the board individually and as a group.

The only question our group is interested in answering is thus: DOES THE MASTER DECLARATION APPLY TO THE GOLF COURSE? Nothing more. We have no interest in the now withdrawn notice, nor have we ever had an interest in this. 

The Board has taken a turn that we believe is not in the interest of the neighbors in either the short or long term----but especially the long term. If The Board does not protect the terms of the (MDC) then their ability to execute the terms of the contract in the future may be jeopardized----as per warning from a previous HOA attorney Mr. Hyde when similar issues as we have today were raised and resolved by the Board. Those HOA Board minutes would be worth reviewing by current board members. 

In the end by offering to pay for legal fees and by offering to indemnify the Board, the two main obstacles to the Board staying on the case would have been addressed and resolved. One can only guess that those were just smoke screens put up by the agent acting on behalf of the River Club ownership to keep the case from going before a judge.

Very good lawyers on our side and on the side of the agent acting on behalf of The River Club ownership group have offered strong and differing opinions regarding the validity of our (MDC).  Our side has already stated that we are willing to live by what a judge decides. If the other side is so sure of its’ legal position, they should also be confident in moving forward with the case.

One other point. In our request we are not seeking any retribution or penalties of any kind. We are just asking for a decision. One must wonder what is so scary about that.

Click here to read the letter that Mr. Leroy sent to the Board below.

Click here to read the Judges Order granting us permission to proceed.

I have this question for the Board members:  Who are you serving: The River Club or neighbors’ interest? Remember the two hats that Ms. Collins talked about?

Again, I would like to thank the HOA Board members for allowing us to proceed on our own without the burden and cost of paying their legal and insurance fees. We never thought this day would come but we are happy and grateful for all who have courageously supported our cause with time and contributions.

The vote severing The HOA from the interveners will allow us to define our case more accurately and precisely and at much cheaper cost.

As neighbors we welcome your questions.

We also welcome your support of this polite exercise in jurisprudence seeking only to answer one simple question: DOES THE MASTER DECLARATION CONTRACT (MDC) APPLY TO THE GOLF COURSE?

Now an Idaho Judge will decide the answer to that question in an Idaho Court. Let the chips fall where they may. 

Thanks again to everyone on both sides!

John Livingston