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Similarly, the restrictive covenant granted the trustees the power to engage Deer Run Property Owners Association as their agent. Additionally, Appellant claims there is an issue of fact as to whether NLDC owned all of the land at the time of the indenture because the land may have been subject to loans or deeds of trust. Her primary interest in serving on the board is to retain property values and offer some business expertise. Appellants' argument assumes that NLDC could not appoint any successor trustees. Generally, Community Development Districts assess each property owner a yearly capital debt service assessment to pay back those bonds. The subdivision contains many different neighborhoods, both gated and ungated: more than two dozen in all! I have been on the Deer Run board for one and a half years and currently serve as the grounds main interest in service to the board is to represent the homeowners and to ensure that their issues are addressed and that our property values do not decline. Specifically, upon information and belief, Defendants are of the position that said land was subject to a number of loans and Deeds of Trust. " Friday... Mostly cloudy.
Second, the CDD ensures that these community development facilities and services are maintained at a proper level. What will the CDD Do? We are fighting to keep our undeveloped spaces open and green! With over more than a hundred plus acres that could be developed, it is theoretically possible that all types of housing could be built, from single-family homes to multi-family dwellings, like apartment complexes, condos, or townhouses. Respondent requested damages based on the past due assessments and interest thereon, and requested attorney fees. Deer Run Property Owners Association ("Respondent"), as the agent of the successor trustee of Neil Land Development Company ("NLDC"), 1 brought an action for declaratory judgment against landowners of the Deer Run Subdivision ("Appellants") for past due land assessments. Appellants contend that there is no evidence that NLDC died, became incompetent, or failed or refused to perform its duties as trustee and, therefore, any attempt to appoint any other individual as a trustee must fail. 57 acres must remain open/green space. You can view Commissioner Dallari's report at the URL below: The part that references Deer Run is under the Commissioner's Report (District 1- Dallari). She has lived in Deer Run since April 2010. " The trustees were granted authority to assess property owners to defray the costs incurred in providing for the development. He and his wife Pam have been residents since October 2014. Appellants argue that the trustees have no authority to levy assessments because "said authority is subject to a condition precedent to the appointment of trustees, which condition precedent has not been met, to-wit the sale of all building sites and the construction of homes thereon. " 04(c), the non-movant must show by affidavit or through other documents allowed by Rule 74.
A Planned Development (PD) is a zoning designation. His children and grandchildren live in the Dayton area and enjoy visiting their grandparents in Deer Run! The camping site or the pitch, where the vehicle is parked generally support a number of facilities like- Drinking water connection, AC power connection, Sewer connection, television, telephone & Wi-Fi connection. He and his wife Mary Ann love Deer Run. The use of the plural, "trustees, " would be surplusage, as would the provisions for the appointment of successor trustees. By clicking here, or call at.
Northwest winds 10 to 15 mph with gusts up to 25 mph. How Do I Find Out More About the ChampionsGate Community Development District? The restrictive covenant states: The Trustees in exercising the rights, powers and privileges granted to them, and in discharging the duties imposed upon them by the provisions of this Indenture, may from time to time enter into contracts, employ agents, servants and labor as they deem necessary․. Intersection: Magill Rd and County Road 37/Deer Run Dr. What is your departure address?
To accept this interpretation of the document would mean that there could never be a successor trustee. He was a Director of Food Services when he was working. No individuals were explicitly named as trustees in the restrictive covenant. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. Ribaudo v. Bauer, 982 S. W. 2d 701, 703 ( E. D. 1998). The procedure in the restrictive covenants for making assessments has been followed. To this day, there is no single homeowner's association that represents all the residents who live in what is now considered the Deer Run subdivision. Even, assuming arguendo, that the property was subject to deeds of trust and loans, as a matter of law Appellants cannot prevail. It is neither jus in re nor jus ad rem. The restrictive covenant further states that if any trustee shall be unable to serve "because of death, incompetency, or for any other reason, the remaining or surviving trustees shall appoint a successor to serve until such time as all building sites are sold, residences are erected thereon and occupied. " 9513 Free Short Pike. Highs in the upper 40s.
As explained previously, the appointment of the original and successor trustees has occurred as required by the original restrictive covenant, as have the assessments.
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