Thank You

Below is a thank you letter from one of our attorneys Kahle Becker who was interviewed last week on KTVB.

We thank all media outlets that graciously posted our side of the story.  We recognized that bullet points and sound clips don’t capture the true essence of any story.  This story, can in fact be summed up in one sentence:

DOES THE MASTER DECLARATION CONTRACT APPLY TO THE GOLF COURSE OPEN SPACE.

WE ARE ABOUT TO FIND OUT, and we will abide by and respect whatever decision is made by The Judge.

It has taken too long to get to this place and time.  Thanks to everyone who has helped us along the way.

Abby,

Thank you for taking the time to conduct interviews and run a story on the proposed development at Plantation.  I understand you only have a limited time to explain what has unfortunately been made a more complicated issue than is otherwise warranted.  I also understand the need to give all sides the opportunity to provide input.  I write because your segment appears to juxtapose my statements of law with that of the lawyer the HOA recently hired, Brindee Collins. 

Unfortunately, Mrs. Collins made the legally and factually inaccurate assertion that the CC&R's at issue have never been applied to the golf course.  That is simply not true and it is unfortunate that Mrs. Collins continues to claim that homeowners opposed to this project are in the vast minority.  The truth is many homeowners have been lied to, intimidated, threatened, and are afraid to speak out.  My clients are the brave few who are willing to put their names on legal filings with a court.  But the fact that there are 8 families who have sued should not be used to justify the false narrative that only 8 families oppose this massive development.  Many more owners support our cause but wish to remain anonymous.  The Court's most recent ruling indicates that any single homeowner could pursue the claims we are asserting regarding the applicability of the Master Declaration to the golf course.  Thus, there is simply no need to pile on additional aggrieved parties.  

In direct contrast to Mrs. Collins statements, the master declaration specifically states:

SECTION 2.10 Open Space Areas. Any Tract within the Plantation, designated at any time by Grantor as Open Space Areas, shall not be subject to the terms of this Master Declaration except for those provisions which would apply to construction, alteration, modification, removal destruction and maintenance of improvements thereon and the establishment and preservation of certain aesthetic conditions as set forth in this Master Declaration, applicable Supplemental Declaration or Grant of Easement to a Master or Sub-Association. Such applicable provisions shall include those relating to the improvement approval process, the process relating to violations and the correction thereof {including enforcement, assessments, levies, liens and collection). For any other purpose, the· owner or owner-purchaser shall not be a Member of any Association nor shall said owner-purchaser be required to pay any Association dues.

Of note, is the current developer is not the "Grantor" as specifically defined in the CC&R's and therefore the current owner/developer cannot change the designation of "open space" in the original subdivision.  This is a recorded contract which binds the use of all parties who purchased land in the Plantation Subdivision - including the owner of the golf course.   

I would also point out that Mrs. Collins made the false statement that the restrictions in the Master Declaration CC&R's have never been applied to the golf course by the HOA.  There is a document known as the "Jackson Agreement" from 1990 which demonstrates the application of the Master Declaration to the Golf Course, which is signed by the HOA.  Additionally, we have audio recordings of the developer specifically admitting the Master Declaration applies to the Golf Course.  Lawyers for the golf course have also written letters acknowledging the applicability of the Master Declaration to the Golf Course.  Mrs. Collins is simply wrong and it is highly unfortunate that the HOA is ignoring the terms of the Master Declaration, which they have a fiduciary obligation to uphold.  

My hope is that you value the accuracy of stories you publish and do not allow false information to be shared as thought it was true in the public discourse as this development and litigation plays out. 

Thank you once again for your reporting on this matter.  I will keep you informed as this case progresses.  

—J. Kahle Becker