Truth or Consequences?
The homeowners in the Plantation neighborhood are being asked to vote yes or no on the applicability of the Plantation Master Association’s Master Declaration Contract (MDC) to the open space that is the golf course. Since June of 2023 Preserve Plantation and many other neighbors who have contributed to our cause have asked the simple question:
DOES THE (MDC) APPLY TO THE GOLF COURSE?
We have asked many times in the past, both the HOA and the agent acting on behalf of ownership of the River Club to help everyone answer that question once and for all to join us in a request for Declaratory Judgement in Ada County 4th District Court. The combined cost of such a request would have been between $13-15 thousand. That number has been given to us by not only our own legal team, but by several attorneys in our neighborhood who are not “objectors” or “interpleaders”. We offered to pay that cost of finding the answer.
The other side has done everything in its power to avoid answering that question. They first made representations that the (MDC) did not apply to the golf course property. They then announced a process by which they could circumvent the authority of homeowners who bought with their property the right to be protected by the terms of the contract, by deploying legal strategies such as Estoppel and latches and waiver. They claimed that several transactions had happened over the history of the developments within the metes and bounds description of The Plantation Property that did not involve the (MDC). We pointed out to them that 15/15 major land divisions that had occurred involved deploying the (MDC). Every sale of property since 1978 when Mr. Dale Higer wrote and the HOA voted on our existing (MDC) and CC&R’s and by-laws involved a Title Company giving the buyer a copy of the document that rules our neighborhood, defines the legal responsibilities between HOA and the neighbors and the neighbors to each other. When Judge Medema dismissed the Motion to Dismiss the request for Declarative Judgement he referenced the contractual obligations of all parties to each other in the paragraphs defining standing.
Finally, one business day before a ruling on three motions before the Court, the River Club and HOA Board Acknowledged the validity of the (MDC) and the position we have maintained since June of 2023. They asked for a vote on an Amendment limiting the ability all and any parties to exercise authority over the golf course open space.
IF THE MASTER ASSOCIATION DOES NOT HAVE AUTHORITY OVER THE GOLF COURSE OPEN SPACE----WHY THE NEED TO AMEND AN EXISTING CONTRACT THAT SPECIFICALLY HAS THAT AUTHORITY?
This is an absolute admission—I won’t say capitulation, to our position.
The (MDC) is a property right. Just like a mineral right, a water right, or an oil or natural gas right. Not only does the golf course property have value, but the rights of review of use within the Master Declaration have value. The HOA in asking for a vote on such an important right of property held by each member of the Plantation Master Association should at least ask for a formal appraisal of the value of that right. THEY HAVE NOT! Why not? Can we all say fiduciary duty?
In Ada County District Court, the attorney for the River Club volunteered that the commercial value of the golf course property was $300 million. Appraisers and CPAs in our community and contributors to Preserve Plantation have made the following comments:
Based on the stated commercial value of the property, the $500 thousand dollar incentive given to the HOA is about 0.016% of the value of the overall property.
Based on the statements made in Court by the River Club Attorney, the appraised value of the right(s) conferred by the (MDC) to homeowners and the board is worth between $10-30 million dollars.
So why is the HOA willing to give up a collective right held by homeowners at 0.016% of the value of the property or 1.6% of the value of the restrictive covenant. Can we all say together----FIDUCIARY.
The members---homeowners, of the Master Association have a right to this information and to review what we have been told over the past 4 years:
The (MDC) does not apply to the golf course---they now admit it does.
That the (MDC) has not been used in land transactions---in 15/15 major transactions it has been used and all real estate transactions that have ever occurred---including Glass Island where in the public record there is a communication between the City Attorney and the Attorney for the agent(s) acting on behalf of the River Club ownership confirming that reality, it has been called out and used.
There is actually in the (MDC) a finish date of 1995 for completion of development on the golf course.
There is a letter from Mr. Taunton to Garden City stating that in order to keep in front of FEMA regulations, there would be minor developments---only bathrooms and maintenance sheds---on the golf course.
Because of all these issues we believe that the symbiotic relationships between the owner of the River Club, The HOA and Garden City preclude an honest assessment of the situation by the HOA Attorney. Her presentation at the HOA meeting in August will actually be made after most of the votes and all of the proxies have been distributed.
We respectfully ask that the HOA Board ask for both an appraisal of the property---Commercial value and an appraisal of the property right derived from that value be given to the homeowners prior to a vote being taken.