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Policies, Disclosures, and Other Disclaimers:
(Last Updated Nov 28, 2008, 10:57 AM Local
NM Time )
Note:
Unless
explicitly stated otherwise, everything written,
or expressed in any and all other forms, by my (Robert Thune's) hand or deeds in
and on this website and/or website forum, is MY opinion only, and it is
only opinion, not necessarily fact. Further, I do NOT speak
directly for
anyone else, or business, real or imagined.
I (Robert Thune) do reserve the right to
publish hearsay on this website solely as I see fit. This right does not
apply to the website users.
Any reference on this website to "Black
Diamond" is to a community and golf facilities operated by "Black Diamond
Properties, Inc" as a corporation, and/or a "Club" known as Black Diamond Golf
Club, owned by Black Diamond Club, Inc., owned and operated as a shell
corporation with no assets or decision making power. Unless specifically stated
otherwise, any reference to Black Diamond on this website does not have/make
reference to any actual persons, related others, members, owners, or employees,
or related events as persons. All references are only to the related
corporations, as corporations alone, and/or their holdings, happenings, rights
and/or events, etc.
The users of this website have no "rights
to equality" amongst themselves as it relates to the treatment by the website
owner (Robert Thune) in the running of this website. The website owner can treat
differing website users strictly as he sees fit and at his sole discretion. No
"equal treatment" between differing website users is expressed or implied. The
same also applies to the same user, but at differing times. Any tolerated
behavior on this website by the owner, and for any period of time, does not set
a precedence of tolerance, for subsequent actions and/or usage by the users.
Further, the website administrator
reserves the right to change and/or correct news stories, articles, and/or
documents, at his sole discretion and without special notifications to the
readers. He likewise reserves the right to change, correct, withdraw, and/or
retract at his sole discretion any previously stated opinions and/or stated
future intentions, without special notifications to the readers.
This website is owned, operated, and
controlled by Robert Thune. It is not owned, operated, or controlled by others
or anyone else; most specifically those associated with the community known as
Black Diamond or it's owners/operators and/or it's related club or club members. There is no
"equality of website rights"
when using this website either practiced, expressed, or implied between the
users of this website and the owner of this website who name is disclosed above.
That website owner has every right to practice or speak in the manner that he
sees fit at all times, and most specifically in
direct violation to the website rules set forth by
him for the website users, if he (at his sole discretion) deems that necessary
and/or desirable.
Any use of the term "Membership Plan" as
it relates to Black Diamond Club, Inc, or any comments in any form about that
Plan, by the web site administrator, Robert Thune, in any part of this web site,
is not to be construed that he (Robert Thune) endorses that Plan as either valid
or invalid in whole or in part. That is for a court to decide in what is now
filed litigation. This paragraph was added on 10-29-08.
This website is created to provide a service to the community, while not
limiting or restraining any important matters from the public. It
is the intent to be "fair and balanced" on all matters with respect to
the right s of expression of opinion..
The word groups "Black Diamond" or "Black Diamond Ranch". are the commonly
used names to identify this community in Lecanto, Florida (Citrus County). Any
use of these word groups, "Black Diamond" and/or Black Diamond Ranch",
by themselves, in phrases, in graphics, or in sentences, are
merely and only a reference to the commonly used community name. The use of
these "name" word groups above makes no other representations what-so-ever..
This website has absolutely no official capacity or ties,
to any person(s), group(s), place(s), or thing(s). It most
specifically does not purport to represent any person(s), group(s),
place(s), or thing(s). It is operated totally and completely as a private
endeavor, by one property owner (yours truly), who formerly resided in this
community.
There is an existing lawsuit now being converted to"individual
plaintiffs jointed in one lawsuit" that disputes
the real existence of any club related to Black Diamond. Any use in this
website (including any postings in the forums) of any terms what-so-ever
that refer to anything related to golf, or a golf club/club, and/or a
member/membership (including dues, fees, and charges), or anything else related
to this matter and especially the term "equity (ies)", are for talking points only, and do not acknowledge that any
real things related to this matter actually exist in any and all content on this
website (again, including anything posted by anyone in the forums.) This matter is in dispute under
this litigation.
This website is opening up with a non-registering
forum. This may become permanent. The reason for this is because
it was felt that it might be difficult to get started if people felt they
were threatened by the long-term effects of what they say. By not
registering, and/or requiring an "e-mail" address, any message
poster is completely anonymous. It is the policy of this website
and this administrator to protect this freedom.
No direct identification records of any message posters
are ever recorded, collected, or stored. Your message as an
unregistered "guest" is all that remains on the system after you leave.
This is why no registration is used.
While it is not the policy of this administrator to
view "IP" addresses, at any time, or while any person is connected (this can always be done
on any system because that's how the internet works), this may be done if certain blatant abusive behavior,
or attacks occur, and it will be limited only to those persons involved.
The sole reason for this, is only to block that IP address from
entering the system again. Important... If you post messages as a
registered person or in certain other cases, your IP address may be part of
the message record. The system is purged from time to time to dump all
address information and as a safety net for
all anonymous posters.
Also The Website Administrator reserves the right to dump any , all, or
any part of, the forum database for any reason, and at any time.
Attacking of the "referee" (namely, this Administrator) will not be tolerated
at any time.
This is an approach used by some people in other community bulletin board
systems to help sway and bolster their opinions. Therefore, no attacks on the
"referee" will not be tolerated. They will all be dealt with very swiftly, by
blocking that attacker from performing any future message postings. While it is
quite common for some people to be unhappy about the deleting of certain message posts,
the administrator must at all times act on the ultra-safe side of what is
considered abusive, obscene, vulgar, slanderous, and/or bad taste, etc.
This is necessary because of the reality that many message posters have "nothing to lose", or may be totally "virtual" as to who they really are. This Administrator
himself has at times felt certain deletions on other forums have been unfair, but they go with the
territory for many reasons. All decisions on this
matter are at the sole discretion of the administrator. Sadly, this whole
thing is
akin to the many communities that are having a difficult time finding a "referee" for soccer, softball,
and other local sports events. Some people attack the referee to get their way !
This website is set-up to be non-profit on the long-term. Fees will be
charged for some advertising in the various forums and at other places on the
site.. These fees will initially all be used to pay past and ongoing expenses. Any surplus is intended at this
time be used to advertise and promote the use of this website. Since this
website is set-up as a private endeavor, no accounting to others is expressed or
intended on the short or long term. This website is intended to be turned
over to the community at some point however, as an actual
elected Property Owner's Association
immerges, or when certain community policies or ownership changes. This is just an expression
of intent, but is not to be interpreted as an obligation.
This website is not intended to represent a non-elected Property Owner's
Association, or other other
committee at this time. It is merely that of a private individual, who's intent is to provide
sorely needed community communication tools on a "fair and balanced" manner, while
respecting both the positive and negative aspects of the community.
During the development of this website, much respect and
weight has been given to the advice of those persons in the
community who have suffered heavy financial and/or other losses in this
community at the helm of certain imposed operating policies.
Seeking advice from these people will continue.
It is always a "toss-up" to provide a means to attempt to sell real estate
and other things,
and at the same time, reveal some of the alleged and real negative things
going on in the community. But... Had this new communication
tool (this Community Bulletin Board) been in place earlier, I believe many
of today's resident/owner concerns would never have existed. That is why this
website is taking the general layout and policy direction as seen.
To be fair and honest to all users of this website, be it revealed
that this author, who is also this website's Administrator, currently has two
real estate lots on the real estate market which are priced
at various levels which at times are far below what was
originally paid to the Developer for them. At other times those prices may be
set at values well above the price paid for them, for other marketing
techniques, which may include an effort to recoup lost initiation dues paid to
this Developer. This pricing is intended to be changed up and down from time to
time, for a variety of reasons, including the Developer's actions as he
"displays" attempts to sell his property. There has never been any
purchase "offer" for any of these properties at any selling price whether it was
set above or below the price paid to the Developer for the property alone. Further, the depreciation
on this land purchased is at a time when all surrounding
area property, of comparable quality, is increasing and has increased in value dramatically. Additionally, this
Administrator also holds multiple memberships, purchased from the Developer that do not appear to have much of a
marketable value. This appears to be be due primarily to the Developer's pricing policy of new
memberships at this time, and in the past. This developer is actually
experiencing a decrease in total active memberships while holding the fees and
dues, and other related prices, at a level well above any level that results in
sales that increase the total number of active memberships sold, towards a
sell-out, and the resultant start of refunds to "resigned" members such as
myself. Further in this regard, this Developer has engaged in certain
practices that make it appear that he is making an effort to sell his property,
with an implication that this will lead to increased active membership sales.
These "practices" however, have contained no guarantees of any increase in
active membership sales, and they have all resulted in nothing more than several
years of continued delay, where nothing has happened either in a reduction of
dues and fees, increases in total active memberships sold, or any actual and
real transfer of ownership. I am holding one resigned and
two inactive memberships *
with a
direct refund value of $168,000 at a minimum (not
counting a court ordered payout.).
* NOTE:
The use of the previous word resigned
as used in the previous unedited phrase (three
"resigned" memberships) was originally contained
within quotation marks. That's because, I was quoting Stan Olsen from two
letters he sent to me with the self-proclaimed assertion that our two inactive
memberships were and are self-classified by himself as all being
"resigned". To further
clarify my exact word usage, I did then further end that sentence with the
additional phrase "from this Developer, at this
time".
This original word usage was in no way intended to
state or imply my acceptance of Olsen's legally untested self-assertions
as to the actual legal membership classifications as
"resigned". These membership
classifications, their actual sales legality, and the actual existence of a
legally documented inactive status classification at the time of the sale, were
in legal dispute on our part at the time of this policy page's original first
writing. This sentence has now been edited to reflect my assertions, not
Olsen's.
It is my perception
based on the current negative (total active membership) sales statistics and
continued delays in any transfer of ownership by the Developer, that there is
little likelihood of ever seeing this money again. It is therefore the
perception of this website administrator that this action results in financial
damages to himself, which result from the actions and policies of this
Developer. Further, this website administrator has become a member of a new
litigation where "individual plaintiffs jointed in one
lawsuit" seeks to correct this situation..
Additionally this website administrator and his wife are also named
plaintiffs in what is known as a Derivative Lawsuit which is now filed with the
Federal Courts against various named defendants associated with the owners and
officers of Black Diamond Properties, Inc., Black Diamond Properties,
Inc., and Black Diamond Club, Inc. The status of that lawsuit is not
determined at this time as it relates to the appeals process (8-16-2010).
This information is clearly and openly revealed so as to avoid any
misinterpretation of perceived motives by others, towards this web site, it's Administrator,
and/or his policies and practices of and on the web site.
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