Please understand as you review the postings on this website that we have been doing the best we can to educate all residents of the Chattahoochee River Club for a number of months. There is only so many ways to say the same thing and it appears that things are still going way over the heads of many in the audience.
Some have thanked us for providing information and are puzzled by why there has been no information forthcoming from the CRC HOA or its counsel. I have explained to all of them that we have invited the CRC HOA to provide its own posts which we would make available in an uncensored form and all of those requests have come up crickets. We also hosted three public forums which no one in the neighborhood appears to have known about and we have offered multiple times to make a presentation to all of the neighborhood residents. There really is nothing else that we can do, but we keep trying anyway.
Larry Oldham has been communicating with those of you who have reached out to him and he received a communication this morning that bears addressing. We have received permission to post the email communication as long as we maintain the resident's anonymity, which we have agreed to do.
On Wed, Nov 13, 2019 at 6:54 AM, Larry Oldham received the following email from one of the residents in the neighborhood with whom he has been communicating:
Hi Larry,
During our conversations you’ve mentioned several times that Mr Bose wants to run an equestrian center on that property. You’ve stated that really nothing more could be done there and that we have prevented him from running that business. Come to learn that in 2016 Mr. Bose tried and was denied by the county to change zoning and remove the equestrian restriction. Could it be y’all want these quit claim deeds to support an effort to change zoning and take the equestrian restriction off of the zoning restrictions? That would certainly increase the property value. There is a lot of info flying around now. I would not support any change to the equestrian zoning restriction nor would I support any effort to remove easements that exist as it seems the easements are related to horse trails and a land exchange with the federal government? I have nothing tied to the title of my property that grants me access to that property. I have no rights to that other than those outlined by the easements which I can not affect. It seems I can’t sign away rights I don’t have. World a judge really force me to sign a quit claim? All of this is very confusing.
[Redacted]
On Wed, Nov 13, 2019 at 8:30 AM, Larry Oldham responded as follows:
Trust me when I tell you that the information you have been provided regarding what happened in 2016 is not accurate. I also understand how all of this can be confusing to a lay person, but it really is not hard to understand for anyone who has minimal knowledge of real estate law, including any first-year law student.
Just to be clear, the following posting accurately states what I have told you and everyone else with whom I have discussed this issue.
Trust But Verify
What you and your neighbors do not seem to understand is that the current litigation has nothing to do with what future use might be made of the property by Bose and Mommies or their successors-in-interest. While there is not one posting I have made on the informational website that does not support what we are saying or provide some important information about an issue that readers need to understand, the following selected postings are the best that I have to try to answer the most recent questions you have raised in this communication:
What is a Deed?
What is Declaratory Relief?
What is a Cloud on Title?
What is a Quiet Title Action?
What Documents Affect the Title to the Equestrian Center Property?
What Effect Does the Agreement Regarding Development Have on the Equestrian Center Property?
What are Necessary and Indispensable Parties?
Why Will Property Owners Need to be Added as Individual Defendants?
Don't Look a Gift Horse in the Mouth
One More Thing
A quitclaim deed does not give any affirmative rights - it only gives up whatever possible rights one might have. A judge will not make you sign a quitclaim deed - that is our way of keeping from having to add residents as additional parties to the suit. Residents who sign a quitclaim deed and related settlement documents avoid the trouble and expense of being added as parties individually. Those who do not must be joined as parties for us to obtain the relief we are seeking.
What the residents of the neighborhood do is up to them and our sole purpose in providing all of the information we have provided is to make sure that they have what then need to make an informed decision. What more can we do in that regard than what we have done?
You Can Lead a Horse to Water...
One way or the other, everyone in the neighborhood's individual claims against the Equestrian Center Property, no matter how far-fetched, are going to have to be extinguished. What happens in the future regarding the property has nothing to do with the present litigation, which has been filed for purposes of (i) removing the cloud on title caused by the Agreement Regarding Development and your neighborhood's claims of rights under it; and (ii) seeking compensation for harm caused by the bad faith actions of the CRC HOA and specific residents.
As you know, you evidenced an intent to sign the quitclaim deed and related settlement documents prior to the specified deadline, but you are not bound by same until you actually sign the documents. We are giving you and others until the middle of next week to decide whether or not you are willing to sign what we provided and like your neighbors, what you ultimately decide to do is entirely up to you.
I trust that this helps eliminate your confusion and wish you luck in arriving at whatever decision you make.