Monthly Archives: July 2016

Here’s a letter to the Tamarack Homeowners by the Tamarack Municipal Association on 7/27/19 to explain in much more detail the current situation with the Tax Deeds:

Legal Update for Tax deed proceedings on July 25, 2016

Hello Tamarack Homeowners,

The Valley County Commissioners – not a court — held a hearing this week (July 25th) at the Valley County Commissioners offices regarding the Notices of Pending Issues of Tax Deed filed on properties within Valley County. The majority of the parcels that were subject to the tax deed were located within Tamarack Resort. TMA’s Board has prepared the questions and answers below to help in your understanding of what happened and what may happen next.

WHAT IS A TAX DEED HEARING?

If a property owner is 3 years delinquent in their property taxes, the County holds a tax deed hearing at which time the property ownership transfers to the County. At the tax deed hearing the County accepts the property and may set a date for a tax deed sale – an auction of the property.

Delinquent owners have an opportunity to speak at the hearing should they feel that there is reason for the County to not take ownership of the property.

WHICH OF THE PUBLISHED TAMARACK PROPERTIES WERE OR WERE NOT SUBJECT TO THE TAX DEED HEARING?

BAG, owner of the 4 properties, primarily future hotel sites paid taxes on all but the Belvedere Ridge property, proposed site of the Fairmont Hotel.

New TR Acquisition Co. LLC (New TRAC) had multiple scenarios:
Taxes were paid on their Lodge at Osprey Meadows properties such as golf drive, hotel administration, hotel registration, spa terrace and laundry.  Taxes were paid on the TVT bunker, 2 lower ski area parcels, several undeveloped properties in the south side of the resort.  Taxes were not paid on several properties which were subject to the tax deed hearing. New TRAC filed an objection to the tax deed proceedings on these properties which included Design Plaza, a large parcel that includes a number of parking lots and the recycle center area, medical clinic, resort operations building, market, ski maintenance building, snow-front domes, 14 hotel rooms in the lodge, several unsold properties, miscellaneous undeveloped properties including Heritage
They did not pay taxes on the leased land improvement parcels (3 golf holes and the parcel with the 2 main ski lifts, zip line ad mid mountain lodge)

UWW, owner of the unfinished Village, paid all taxes due so none of their properties were impacted.

WMG or someone on their behalf paid taxes on the golf course and driving range parcels plus the golf maintenance building. No taxes were paid on any of their properties in the Lodge at Osprey Meadows such as the pool, terrace, Morel’s & Lounge, spa, etc. These Lodge properties were subject to the tax deed hearing.

WHAT IS THE OBJECTION THAT WAS TALKED ABOUT AT THE HEARING?

In addition to delinquent property taxes there are also delinquent Local Improvement District (LID) assessments from the North Lake Recreational Sewer and Water District (North Lake). North Lake entered into an agreement with the County to act as the collection authority for delinquent LIDs.

New TRAC filed an Objection with County, arguing that there were deficiencies in the required Tax Deed Notices of delinquencies on certain of their Tamarack Resort properties. The purported deficiencies were primarily related to the LID delinquencies such as:
Incorrectly specified tax year and delinquency date
Incorrectly calculated delinquency amounts certified by North Lake to the County
Improper application of the 2% late fee to LID delinquencies

WHAT HAPPENED AT THE HEARING IN RELATIONSHIP TO TAMARACK?

At the hearing, the County Commissioners listened to NewTRAC’s lawyers and witnesses. At the conclusion of that hearing, they took the matter under advisement and, per guidelines, will prepare a written decision. We expect the written decision within 2 weeks. Because of the objection and delayed decision, the County Treasurer chose to not ask the commissioners to approve the tax deed for the two leased land parcels, which the County will address later.

A decision may mean that the objection is recognized, which might result in new notices of a tax deed to address the defects stated in the Objection. Or, the County could decide that the defects are not significant or meaningful enough to justify further delay. In that case, the County could issue tax deeds with the decision and become the owner of those 35 NewTRAC parcels.

For all other properties for which taxes had not been paid, the County accepted them and will be filing the tax deed. That means the County now owns the BAG Fairmont and WMG Lodge properties.

WHAT DOES IT MEAN TO HAVE PROPERTY GO OVER TO THE COUNTY?
The county becomes the legal owner of the specific land parcels that they acquire with a “tax deed.”. They will set a date and auction these properties to the public.
Potential resort owners can use this as an opportunity to buy into the Resort

HOW CAN YOU OPERATE IF THE COUNTY OWNS THE PROPERTY?

We are working with the County to ensure the changes in title have minimum impact on Tamarack and the homeowners. TMA also sees that continued operations will preserve or enhance the eventual sale or auction value of parcels that the county has or will acquire through the tax deed process.

IS TAMARACK SHUTTING DOWN?

Absolutely not. The TMA Board and other property and business owners expect to retain the vibrant and beautiful Tamarack environment for both homeowners, the community and our many guests and visitors to enjoy.

WHAT IS THE DIFFERENCE BETWEEN WHEN TAMARACK WENT INTO FORECLOSURE AND THIS?

We knew that clear title might take a little more time when the foreclosure ended in March 2014 because of taxes and LIDs. Title is now clearer on the WMG Lodge and the BAG Fairmont properties. The County’s decision on the 35 NewTRAC parcels may result in the County, not a banking lender, owning them.
IS THIS A GOOD THING?

This is really the last phase in moving towards a single consolidated resort owner. Although it is disruptive, we view it as a positive step towards the long term success of the Tamarack Resort.

WHO IS NEW TRAC?

Credit Suisse AG was the collateral agent for certain lenders at the time of the Sheriff’s Sale after the foreclosure on the developer, Tamarack Resort LLC. Upon becoming the successful bidder at the Sheriff’s Sale in March, 2014, Credit Suisse and its associated lenders formed New TR Acquisition Co. LLC (New TRAC). New TRAC became the owner of major portions of Tamarack Resort including the ski facilities.

WHO IS REPLAY?

Replay Resorts is a separate entity that was hired by New TRAC first to oversee the Resort’s assets and later to operate and manage ski facilities, summer recreation, bars and restaurants, residential construction and lodging at the Resort.
EXPLAIN THE DIFFERENCE BETWEEN NEW TRAC AND REPLAY.

As stated above, New TRAC has been the owner of major portions of Tamarack Resort, and has provided funding of operations. Replay Resorts is the contractor that NewTRAC hired to operate and manage ski facilities, summer recreation, bars and restaurants, residential construction and lodging at Tamarack Resort.
We would like to remind you about the TMA homeowner town meeting on Wednesday August 3rd. Details are posted in the “members only” section of the TMA website.

Sincerely,

Levi

Levi Johnson | Community Manager
Tamarack Municipal Association
311 Village Drive | Tamarack | Idaho 83615
Direct: 208.315.0859 | Cell: 208.315.0859

In light of the delayed decision by the Valley County Commissioners regarding New TRAC’s Objection to the Issue of Tax Deed yesterday, Brad Larsen announced today that Tamarack Resort will be operating as business as usual.  Larsen, the General Manager of Replay Tamarack, confirmed the chairlifts will be running for scenic chairlift rides and down hill mountain biking, the waterfront cabana is open 7 days a week for boat rentals and activities, Seven Devils Pub and Garden is open Friday-Sunday,  Emily Stanton will be playing this Saturday at the Sunset Concert Series, the Sports Dome is open for bike rentals, whitewater rafting, and Hot Shots Cafe.  The Discovery Marketplace is also business as usual, as well as Tamarack Lodging Company for onsite accommodations, and Zip Tamarack.  The Tamarack Realty Office is vibrant as well, conducting tours daily with new prospective buyers.

Until there are any further updates from the County, continue to enjoy the Resort as we are in peak season with the trails in excellent condition, the lake has been 75+ degrees with little traffic and lots of ‘glass’, the Huckleberry Jam is just 3 weeks away, and the mountain is in full bloom with wildflowers, huckleberries, and fresh air!

From the Replay employees on site, to the TMA employees, the TMA Board Members and the homeowners, we have an outstanding group of people in our community that are working extremely hard with plans in place to move forward.  Those who question their resiliency, work effort, passion, determination, and recent legal experiences  likely have never visited Tamarack Resort.  #TamFamStrong

 

There was a hearing today at the Valley County Courthouse regarding the Notices of Pending Issues of Tax Deed filed on properties within Valley County.  In my previous posts, I have updated you on what parcels have, and have not, been paid, especially pertaining to properties within Tamarack Resort.

Per the properties that were not paid, there were no objections for the properties in Tamarack Resort comprising of West Mountain Golf’s assets in the Lodge (again, noted on the Tax Deed Notice), such as the pool, spa, Morel’s Restaurant, Terrace, etc.  It is my understanding the county will issue a tax deed today on those units and will have an auction in the upcoming months.  The auction date and time will be of public record.     BAG’s Belvedere Parcel, formerly known as the previous Fairmont Tamarack site, will also be issued a tax deed.   BAG’s option parcels near the Village and their Whitewater property remain in their control.  The golf course taxes had been paid prior, so they were never in jeopardy of going to Tax Deed.  However, New TRAC did not pay the taxes on their three holes they own.  These also  happen to be on state leased land.  As a reminder, UWW did make their tax payments last week on their Village Plaza condo’s and commercial space.

Per New TRAC’s 35 parcels in which they did not pay last week (they did pay of 22 parcels, chosen specifically as they were not encumbered by NLWS LID Assessments),  New TRAC’s attorneys filed an Objection to Notices of Pending Issue of Tax Deed  on July 18th.  I have the PDF copy of it in the link at the bottom of this post for all to review.   Today at the hearing, New TRAC’s local attorneys from Hawley Troxell Ennis & Hawley, LLP were on site to dispute the tax deed sales of these 35 parcels.   Much as they disputed a year ago and were successful with a delay, they used the same premise of various errors made within the notice, such as inaccurate tax years for which the property tax was assessed, and the date of delinquencies.   They also disputed the overall amounts that were owed on each parcel, as the LID’s were attached to the county assessments, which occurs after 1 year of unpaid LID assessments.  If the LID assessment is not collected during the 30 day period following the late August/early September billing date, it will then get attached to the county tax assessment, accruing with a 10% interest rate and 2% penalty, beginning on Jan. 1.  As you can read in the objection, New TRAC is citing that Idaho law states that this additional 2% penalty may not be assessed twice, once for your taxes and another for the LID assessment.  The 10% interest on the unpaid LIDs is approximately $439,000, of which New TRAC stated was inflated.

The county commissioners will now make a decision whether to void this Tax Deed Notice or issue a Tax Deed.  Unfortunately,  Commissioner Gorden Cruickshank was not in attendance and there is a delay on an official ruling, perhaps up to a few weeks.    If Valley County were to void the Tax Deed Notice,  they could quickly re-issue another Notice of Tax Deed with the corrections made.  At this time, New TRAC can chose to make their payments, or not.

It was brought up within the hearing that perhaps this is an issue between NLWS and New TRAC.  However, collecting LID assessments has been put into the hands of the Valley County Treasure’s office and the forum today is the medium in which it is handled.   It was also brought up in the meeting that perhaps this is a “stall tactic” by New TRAC but they should show good faith and still make some form of payments.  When asked by the county should consider a reduction in the penalties and interest, would New TRAC make a payment, New TRAC’s attorneys said they would consult their client.

There will be more announcements I can provide to you later this week regarding the short term status of the Resort.  It is my understanding that operations will remain status quo at least for a few more weeks.   There are also many different moving parts in the entire play of the Resort.     For our homeowner base, the Tamarack Municipal Association is very committed  to the overall success of Tamarack Resort.  The hard working homeowners on the TMA Board  have worked relentlessly anticipating various outcomes.   Please thank them for their efforts when given the opportunity.  They have your best interests at heart.

Objection to Notices of Pending Issue of Tax Deed (filed 7.18.16)

August 3rd Town Meeting
Hello Tamarack Homeowners,

I would like to invite you to the upcoming Town Meeting on August 3rd. We will cover some important topics such as the year to date financials, fiscal year 2017 budget timeline and current issues of interest.

This is a great opportunity to bring up positive highlights about our community, ask questions and address any concerns that you may have. The meeting will be held here at Tamarack and we hope you can make it in person. If you are out of town, we will also have a conference number for you to call in to. The meeting details are below.

TMA Town Meeting
When: August 3, 2016 – 10:00 AM – 12:00 PM MDT
Where: Design Plaza, in the Tamarack Mail Center Building
Call in Information: (888) 387- 8686 – Pass Code: 6275265#

I look forward to seeing you soon!

Sincerely,

Levi

Levi Johnson | Community Manager
Tamarack Municipal Association
311 Village Drive | Tamarack | Idaho 83615
Direct:208.325.1461 | Cell: 208.315.0859

FREE demos from Mastercraft Boats and Brigade Surfboards!   Have your own boat but want the experts to clean up your surf wave or show you some great tricks on surfboards?  Come to Tamarack Resort’s Waterfront Cabana this Saturday starting at 9am and check it out!   Stay for the FREE concert afterwards at Tamarack’s Amphitheater.  For more details on all events this weekend, click on the latest newsletter from Tamarack Realty:    Tamarack Realty Newsletter

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These new homeowners are going to enjoy great views from their future custom home off of Whitewater Drive!   The other three new build jobs from last summer are coming along nicely, and our new home on Tappan Falls has just finished construction this summer.    For information on other homesites available, or to preview some of our existing custom homes available for well below current build costs, contact me today at trisha@trishasears.com or 208-573-1489.

Take advantage of one of the most popular water sports these days….wakesurfing!   Tamarack Resort is offering Wake Surf Wednesdays to teach how you how to ride these endless waves on Lake Cascade.

Tamarack Express Chairlift Running  Lift accessed downhill mountain biking and scenic chairlift rides this Saturday-Sunday from 10am – 4pm

Tamarack Twister – Saturday. Cross-Country Mountain Biking event.    Tamarack Resort offers 20+ miles of incredible Cross-Country biking trails through the beautiful mountains of West Central Idaho. The trails are open 7 days a week through the summer.

Sunset Concert Series featuring Steve Fulton.  Tamarack Amphitheater Saturday  6:30-8:30pm

Saturday Breakfast Burritos & Bottomless Bloodys  and Sunday Bellinis & Brunch at 7 Devils Garden

Discovery Marketplace open for groceries, deli, wine and beer, breakfast, lunch and dinner.  7am-8pm daily

Tamarack Zip Lines, Waterfront Cabana,  Whitewater Rafting, Disc Golf and Cross Country Mountain Biking.   

For more information, go to www.Tamarackidaho.com or inquire at the Sports Dome in Discovery Square.

Tamarack Realty Office is open 10am-5pm daily, located at 850 Village Drive in Discovery Square.   Stop by for an updated list of all properties available and ask to tour any of our incredible real estate opportunities.

 

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