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Old 07-03-2012, 01:19 PM
 
Location: Fairfield Harbour
7 posts, read 27,090 times
Reputation: 13

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FHPort is a dissident web site and the County Compass is not a real newspaper, it's an advertisement with "stories. It was removed from the county's web site because its content was so unreliable. Mr. Drez "forgot" to list the FH Facts web site Home or the POA's site Fairfield Harbour So much for "Just the facts plain and simple" If he seems like a guy with an axe to grind it could be because he is.
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Old 03-05-2013, 07:21 AM
 
3 posts, read 19,049 times
Reputation: 11
Any updates on FFH? Oh lets see, the judge ruled that the POA cannot buy the amenities(golf courses) with any money from the dues. The POA sued two home owners to get this resolved. Funny how for the past 5 years 3 different lawyers told them the same thing but they did not listen. So they spent $200,000 on legal fees in the last 2 years all being billed to the propeerty owners as dues. And the judge told them exactly what the DOR's state.
Ok for the latest, FFH does not legally exist. Tune in for the latest.
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Old 12-29-2013, 10:26 AM
 
1 posts, read 4,366 times
Reputation: 10
Default Please update me on FFH

I have been seriously thinking about purchasing a retirement home in FFH. Now I am afraid. What is the current legal situation? My real estate agent did not tell me anything about the lawsuits, and I specifically asked why there were so many bargains to be had in this beautiful community.
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Old 12-29-2013, 11:30 AM
 
Location: Sneads Ferry, NC
13,371 posts, read 27,034,756 times
Reputation: 6980
Quote:
Originally Posted by wowai View Post
I have been seriously thinking about purchasing a retirement home in FFH. Now I am afraid. What is the current legal situation? My real estate agent did not tell me anything about the lawsuits, and I specifically asked why there were so many bargains to be had in this beautiful community.
I think your real estate agent should have been honest with you about the legal situation. He or she should know about them, and should disclose anything. Push them, and if they are not honest, find another agent. (FWIW, I don't know the details. I assume the golf courses (or one of them) are not operating because of the legal snafu.) Perhaps the Harbour Pointe Golf Club is operating. Their web site is showing updated 2014 membership rates, and I suggest telephoning them directly: 252.638.5338.

FYI, we looked seriously at FFH, but decided against it because the lots were small, and most of the houses needed work. We toured FFH with a good Realtor whom I could recommend if you wish. She said that many of the homes needed updating because the original owners had aged, and probably had not kept up the maintenance. The other reason we did not want to buy there is that the location is not very convenient. It is about 5.5 miles to the Food Lion and 10 miles into New Bern for doctors and the hospital.

If you don't mind uncertain golf situation, I believe you can find a good deal on a house. I remain positive about FFH because the boating, swimming, gym and clubs are still available. in different circumstance, I could have bought there. If it helps your confidence level, look at the recent sales on Zillow. I saw several lovely, updated waterfront homes selling between $305K and $390K. They would be a lot more in Beaufort or Wilmington.

Last edited by goldenage1; 12-29-2013 at 11:52 AM.. Reason: Clarify golf course info.
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Old 12-30-2013, 09:41 AM
 
Location: NC
2,023 posts, read 3,239,275 times
Reputation: 3203
FFH is bankrupt and built on a swamp.......which explains why it's so cheap. There are better golf course communities to live in around here.
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Old 12-30-2013, 10:38 AM
LLN
 
Location: Upstairs closet
5,265 posts, read 10,729,092 times
Reputation: 7189
I seldom agree with escape nc. In this case I do.

This alone should rock your space time continuum and bring you to your senses.

I would nat accept a free lot, condo, or home in FFH. Period.
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Old 01-22-2014, 07:01 PM
 
120 posts, read 233,815 times
Reputation: 50
Seems like another level set is needed. Not sure why "escapenc" chose to speak with such conviction, and spread false info. First, according to the location info for escapenc, the person is located in Taberna, a planned community in the city of New Bern, that has a third party golf course going through it's second bankruptcy in the past few years. And yes, the FFH golf courses, which are owned by a third party, MidSouth, is in Chapter 11 as of the first of 2014, this properties first bankruptcy. Seems appropiate to remind escapenc about those in glass houses throwing stones. And BTW, all of New Bern and surrounding area was under water at some point in its past. My house sits on land that is above the flood plain in FFH, thus escapenc has more to learn about this subject also. I would further rush to point out that drainage is also a serious problem for the New Bern area, and needs to be understood by anyone interested in local property. The land is very flat and heavy rains cause drainage flooding in some areas.

So, with that set of facts established, what's the current situation at FFH? It is not good in my opinion, but at the same time the community has so much to offer for water oriented residents it needs to be saved from those that seek it's demise. I will agree, if what you seek is golf, I would definitely look at alternatives. As we all know, you can build a golf course most anywhere, but deep water protected ICW access the likes of FFH will not be easy to find elsewhere. Fact is I looked up and down the east coast, and when viewed in its totality there is no better choice.

Finally, the legal facts that relate to FFH. The first recent suit, a Declaratory Judgment filed 8/24/2010 by the FFH POA against two property owner couples, including my wife and I, was heard in Superior Court on 12/5/2010. The POA sought an opinion that they had the authority to use POA Member Dues to buy and restore a set of privately owned amenities for $10.2M and secure a loan for such purpose against future member dues. The FFH POA lost the Superior Court DJ and two subsequent appeals to the NC Court of Appeals.

Prior to the above judgement and continuing after the judgement, the POA, it's Board Members and an employee exhibited alleged unlawful conduct which became the foundation for a Conspiracy Law Suit filed by 22 POA members in March 2011. This law suit will be heard in a jury trial starting on 3/3/14.

An unrelated DJ action was brought against the FFH POA in early 2013 claiming that the community we know as Fairfield Harbour is legally two communities and the comingling of dues funds is unlawful. The Superior Court Order found in favor of the FFH POA about a month ago. In the last couple of days, two attorneys have filed appeals in this case each representing a subset of the original plaintiffs. The result of this appeal will likely be known during 3Q14.

And finally, MidSouth, the third party owners of the golf courses filed Chapter 11 bankruptcy in what appears to be a defensive move against a suit filed against MidSouth by the FFH POA earlier in 2013.

Those are the facts and I would suggest that anyone offering alleged facts in the future get their info verified before publication. I beleive we will work our way through these legal problems and in the end we will have a better defined and managed gem of a community.

Pete Drez
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Old 01-23-2014, 12:33 PM
 
Location: Wilmington, NC
35 posts, read 63,315 times
Reputation: 55
Ancillary Question:

  1. How is the management of the marina recently? What's the general opinion?
  2. What is the ownership of the marina? Is it related to the FFH issues or could be dragged down by them?
It's a nice marina by boat, as a visitor, but I was curious for an insider's view.


Thanks.
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Old 01-25-2014, 08:57 PM
 
120 posts, read 233,815 times
Reputation: 50
Let me answer the second question first. Northwest Creek Marina is owned by three New Bern investors and other than being a neighborhood business it has no business connection to the Fairfield Harbour POA, or any other tie to the community. Perhaps that is why the name is not Fairfield Harbour Marina. The marina is not involved in any current issues that I am aware of with Fairfield Harbour and has not been in the 15 years I have lived here. Those that use the marina are well pleased with the facilities and the management. I know many of their patrons and have never heard a complaint, and have heard frequent positive comments. The marina also offers a resturant on the waterfront, although not owned by the same investors, which I personally frequent. There are also several other commercial businesses along the waterfront including a provisions store, and boat canvas shop. Just off the water in this same cluster of businesses is a recreation center with great facilities, and very reasonable rates. My wife has been a member since we relocated here.

Now that I look at your first question again, I believe I have also answered it, but if you have more do not hesitate to ask.

Just for level set and hopefully to help some to understand the root problem in Fairfield Harbour, let me offer this opinion. The root problem that drives the divide in the community and POA problems is when a few people got elected to the Board maybe 5 years back, they appear to have considered that event as a coronation, with the attitude that the monark can do anything he pleases, and if you do not like it you will have to take the POA to court. Thus those who believe that Declaration of Restrictions, the NC State Plan Community Act and all other state statutes apply to all of us, have a problem when these controlling documents are violated. Given that the Board is not responsive to concerns about these violations, the courts remain the only choice, and most recently are being used frequently. As soon as the judgements by the courts reach the level where it really hurts, the situation should settle down. Hopefully that will be soon.

Pete Drez
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Old 01-26-2014, 05:28 AM
 
Location: Wilmington, NC
35 posts, read 63,315 times
Reputation: 55
Thanks Pete. We've pulled into the marina a couple times. Nice people running it. Only had one observation that they are a little snappy about dogs. Seems like a nice place to keep a boat.
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