Tellico Village delinquent lots issue settled? Jeremy Nash news-herald.net
A years-long dispute between Loudon County and
Tellico Village Property Owners Association over delinquent
properties could soon come to an end.
Loudon County Commission on Monday held a special
called meeting and voted 10-0 in favor of the agreement.
Commissioners Henry Cullen, a Tellico Village resident, and David
Meers motioned and seconded, respectively.
The TVPOA Board of Directors in April, during an
executive session, approved in principle to move forward with an
agreement pending approval from the county. Bruce Johnson, Tellico
Village POA board president, anticipates the board will make a final
vote at its Wednesday meeting.
“The property tax sales are generally an every
two-year prospect but with the death of Terry Vann that bumped it
this time to a three-year in between, so it doesn’t happen all the
time,” Van Shaver, county commissioner, said. “So it’s not something
that’s just continuously hanging there that you can’t do anything
about, but it’s just one of many things that needed to have a
resolution to it. Hopefully this will finally put it to bed and get
the properties, again, back to where they need to be where they can
be on the tax rolls and be a productive part of the county.”
The agreement says any Village properties that divert
to Loudon County will be sent back to the POA through a designee
called TV Holdings LLC.
Loudon County is released from “any and all
obligation (whether contractual, statutory or by court order) to pay
to TVPOA any assessments accrued on all Tellico Village lots,”
according to the agreement. The POA will pay real property taxes on
the lots until ownership is transferred to a non-affiliate,
non-subsidiary or non-associated third party.
“In consideration for TVPOA’s agreement to accept
transfer of all Tellico Village lots located in Tellico Village from
Loudon County, through its designee THL, ... Loudon County will set
the minimum bid for all Tellico Village lots that became delinquent
before 2012 inclusive of taxes owed for tax years 2007-2016,” the
agreement reads. “TVPOA covenants that while during such time as
TVPOA, THL or any associated entity owns said transferred lots it
will be liable as a personal debt, pursuant to Tenn. Code Ann. §
67-5-2101, for any real property taxes accrued on the transferred
lots from Jan. 1, 2017.”
Officials call the document a “win-win” for both
sides.
“It’s a win from our perspective because we have —
there will be some 500-plus lots ... that come back into our
inventory that are encumbered, meaning there’s no back taxes on
them, no penalties, because the people that had these lots let them
lapse and go back to the POA,” Johnson said. “Now the county is
going to run them through that tax sale and if no one buys them
then, under the law, they are able to transfer those back to us.
“So once we get those back in our inventory then we
have additional inventory of lots that obviously we can sell to
people who are wanting to relocate or move to the Village and it’s
helpful for us because it’s additional revenue that we get through
the assessments and it just helps us as a Village to continue to
grow,” he added.
Johnson and POA attorney Kevin Stevens met with
Loudon County Mayor Rollen “Buddy” Bradshaw in March to work toward
a solution. Johnson said each side looked for “sticking points”
before Stevens and attorney Joe Ford, representing the county, began
drafting a document.
“We started working on some points and naturally some
of the points were the taxes that we owed on some of the lots that
were in our possession, back taxes we agreed to pay, and we did, we
paid those and brought ourselves up and made ourselves current on
those taxes,” Johnson said. “Then after that it was, OK, what we on
the POA side wanted was to make sure that all of the lots going back
the ‘14s, the ‘15s and the ‘16s of tax sales, that we included those
in one big tax sale so that we could combine all those instead of
doing the tax sale for the ‘14 lots and then another tax sale for
the ‘15 and then another tax sale for the ‘16.
“We basically thought that the law provided the
capability for us to do them all three at one time,” he added.
Commissioners credit the current POA board for
helping arrive at an agreement.
“We had no success in the past with the previous
board,” Shaver said. “If you’ll remember back in 2014 they even
sued us and tried to force us to go forward with the sale at the
time that we didn’t want to. That could have been very, very
damaging and expensive to the county. So obviously the new board
has brought a new perspective to it because we seem to be on the
verge of settling what we absolutely couldn’t (do) anything with
the previous board.”
Ford, who was present at the Monday meeting, said
there are 450 lots within Tellico Village that will be part of
the Oct. 16 tax sale.
Current lot assessment fees are $123.48 per
month, Tellico Village POA Marketing Communications Director
Beth Kuberka said, which would mean $666,792 in annual
assessment fee revenues on 450 lots.
Tellico Village POA General Manager Winston
Blazer could not be reached for comment.
“If we end up having to pay the assessments on
the lots that ran through the sale and didn’t sell and the
county got ownership of those lots then the assessments would
total $700,000 annually,” Steve Harrelson, commission chairman,
said. “And so I think this agreement that we’re able to work out
with Tellico Village POA really helps us as far as not only
saving that cost to the taxpayers of Loudon County, but
hopefully get these lots in the hands in the folks over there
that can market them and get them sold to private individuals
who hopefully will build homes in Loudon County.”
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7/24/17