Mountain Side Ownership.

[rock yuppie]

In an attempt to eliminate the parks need for costly event insurance and my personal exposure to uncontrollable accidents, I have been working to find a resolve that allows the wheeling community to still have this land available for their use any time they desire to wheel on it. In my search for answers, it has came to my attention that equal business owners can not sue each other over a shared business practice. Meaning that if we all own equal rights to the business and I get hurt wheeling on the business property, I can not blame you because it is as much my duty to protect myself as it is yours. To say something was dangerous would be admitting that I owned a part of a dangerous situation and did nothing to correct it. That’s not to say a business owner could not sue a business partner for throwing him off a building. That would be a separate issue all together of personal actions.

To make this possible for each of us to be equal business owners I would need to sell the park land to a corporation which would be setup as an LLC for the purpose of possessing the deed to the land. Once the land title is in the corporation it could begin selling ownership rights to the wheeling community. The corporation would then be setup to run like a small city government or land owners association where corporate owners elected officials would have the ability to oversee the suggested directions of the park. From maintenance issues at the park to building bath facilities and / or purchasing more land for park expansion, each item would be addressed on an open forum before being posted for open poll voting.

Each owner would have equal rights to the land and any building facilities owned and installed by the corporation as well as an equal vote. It would be set up as a majority vote decides. The corporate owners would have the ability to decide how often an election of new members occurred as well as any other policy changes that appear to be in need of addressing. An owners forum would be setup to share future ideas so that every member has the ability to view and comment as they wish so that nobody gets left out on important issues.

There are still some other areas that need to be ironed out like how and when do you let friends of members bring their rigs into the park? What is the best way to keep an owner from violating the rules and just opening the gates to all of his buddies? Do we allow some race events each year to earn extra income for the business? I feel that these issues would be better handled by the business owners rather pay an attorney to figure it out, so be thinking about those issues.

The purchase price for a business ownership would be set at $1,000. I am proposing a $50. Annual membership fee to cover land taxes, utilities and property upkeep / expansion as well as website. No other fees from that point. You would have 24/7 access to your business property and website. Better yet you would be guarantying yourself a wheeling spot for life that you help control the direction and growth.

The next stage of this endeavor will not be cheap for me to set up, so before I proceed any deeper in I need to get an idea of how many people would be interested in purchasing an ownership. I have got to cover my cost in the land and legal fees in order to do this. I can not just give this land to a corporation to sell ownership rights. I do not need any money up front, but I do need to hear from everybody interested in this business partnership opportunity to see if we move forward or just keep it closed down.

Send me an E-mail with your contact info to: [email protected].[size=10pt][size=10pt][size=10pt][/size][/size][/size]

 

[Do Work 93YJ]

I'd be in cause Mountainside kicks ass.

 

[BMan]

In! My follow up email sent sir!

 

[CSCFab]

Count CSC Fab in

 

[zukimaster]

Count me in to! but about how many is it goin to take at a 1000 bucks?

 

[TBItoy]

Count me in to! but about how many is it goin to take at a 1000 bucks?

I'd be in for a guaranteed wheelin spot for life.

$1000 is only like 10-12 trips to pretty much any park.

I'd love to wheel Mountainside, especially as an owner.

 

[P]

I agree with the above enthusiam, and Im follwing along . Lets make something happen this is some of the most beautiful scenic natural terrain there is in that area ! TOTALLY IN

 

[draggbody]

interested in the "guests" aspect...

 

[TacomaJD]

Definitely in for ownership and a lifetime spot to wheel! Worth every dime in my opinion.

As far as you mentioning holding races there or whatever, would that not require opening it to the public for that event meaning the risks of all that you are trying to avoid now will then come back into play? Not against that decision, bc I think it would be a great idea to put on a few big events like this past weekend there throughout the year...especially a toys for tots ride.

Also interested in the guest entrance rules...I can't depend on Chad to be the one I come down and ride with everytime cuz he always breaks his **** within the first hour off the trailer :****:

 

[patooyee]

interested in the "guests" aspect...

I wonder about this, too. Since we have already established that it is impossible to 100% protect all owners from the liability of a non-owner, I would assume that owners would sign assumption of liabilities for their guests thereby protecting the rest of the owners. This would also make it in the owners' best interests to only allow trusted people in. Am I wrong here?

This is a very interesting concept and I would like to say that I am in. However, the park is a long way from me and I have to discuss with the wife. Either way, THANK YOU for leading the way on a new idea which I hope will help pave the way for other ORV owners who are on the verge of closing to also consider alternatives.

Also interested in knowing how many you need to make this happen. IE, for my $1000 investment am I sharing the place with 30 other people or 10,000? I don't care how much money you make, I hope lots. That is not why I ask.

J. J.

Edit: As far as races go, I don't see how they could be possible. Because any time a non-owner was allowed in under the liability of all owners the place just becomes a bigger target for potential suits I would think. I would much rather sue a place that had many wealthy owners to take money from than one that had only one possible source of funding if I were a litigious predator.

 

[bulldoglover170]

i would be down also, as well as some of my wheeling buddies!

 

[The-Boss]

You can put me down. I am sure I know a few other people that would be all over it too.

 

[Macman]

I don't know about where you are at but here in KY the gov has come up with a deal to promote tourism as to where the property owner can turn the rights to the property over for public use. That releases the said owner from any responsibilty if someone gets hurt. I think it also keeps the owner from paying property taxes on it also. Just fyi something to check into.

 

[TacomaJD]

I would like to know a more elaborate definition of the terms you used in your post - "owner", "corporate owner", and "member"

Would there be "corporate owners" such as yourself that would have more seniority so to speak than just an "owner" such as myself if I were to buy in for the $1k ownership? And after the desired amount of "owners" have committed to this in order for the corporation LLC land deed transaction to take place, would there be "memberships" sold to people on occasions down the road when the owners decide to initiate an "open enrollment" time period that would be at a set annual cost and only give them rights to wheel the land, but no ownership as far as business decisions, opinions, suggestions, and votes go? Or is everybody interested in attaining rights to wheel the land going to be required to buy into the business as an owner at the up front cost of $1k and $50 annual fee?

Doesn't really matter to me, just curious of the order of things from a business standpoint.

As bad as it sucks that the public wheeling of this land looks like it's over for good, I must say I'm excited about the motion of keeping this land open to the ones that really want to wheel it!

 

[TacomaJD]

I don't know about where you are at but here in KY the gov has come up with a deal to promote tourism as to where the property owner can turn the rights to the property over for public use. That releases the said owner from any responsibilty if someone gets hurt. I think it also keeps the owner from paying property taxes on it also. Just fyi something to check into.

Mountainside Offroad Park is located in Gadsden, AL

 

[KyTrash]

I like your thinking,Sir. Still a lot of questions to be answered. Leave no stone unturned, because I would like to ride at Mountainside a few more times .

 

[drich394]

MIcheal,, you get to emailing yet?

 

[Neal3000]

I don't know about where you are at but here in KY the gov has come up with a deal to promote tourism as to where the property owner can turn the rights to the property over for public use. That releases the said owner from any responsibilty if someone gets hurt. I think it also keeps the owner from paying property taxes on it also. Just fyi something to check into.

Wrong state but I think your on to something if the plan that Bob has proposed doesn't work out

Could the offroad community raise $200k and then donate the land to the state of Alabama with stipulations that it has to be kept open to the public for offloading? I think it would easier to raise the $ that way and it would be tax deductible for the donors.

 

[rock yuppie]

Okay guy's, that's a lot of questions. I will try to answer all before heading out this morning.

To cover the land, build and legal fees that I either have or will have put into doing this will take close to 200 owners. That equals about half what it takes to buy the land and build it form scratch on a new piece of untouched ground.

Owner, Corp owner etc is all the same. Once the cost of the purchase is covered the owner limit will be sealed. Voting members in would be done by the group as a whole as the park is expanded. You own a part of the business equally. No senior members or people with more pull. It has got to be equal rights, equal ownership.

Race events means we would create a secured area for spectators and buy insurance for the event only. Not a yearly policy.

KY law and AL laws are some what different. There are laws that grant some protection for land owners in AL allowing public to use their property for recreational activities, but it does not guarantee the land owner from being sued over a questionable liability injury. The court cost to defend yourself would be very expensive.

Guest privileged are being discussed. Bottom line is that if people look for ways to buy one ownership and expect to let 20 buddies come wheel with them for free, then you should know that will never work. As an equal owner myself, I would not want to pay for my spot and to keep my trash cleaned up just to see a bunch of free loaders trashing the place. We are discussing annual permits for friends, but the owner for that friend would have to assume the liability for his friends actions.

This is a very new concept. I hope I have covered everybody's questions. I know that this will not be for everyone out there, but for that group that does want to be equal owners in this business, be sure to send me your contact info so I can keep you in the loop. Once the allotted amount of ownerships are sold there will not be anymore until the owners elect to expand.[size=10pt][size=10pt][size=10pt][size=10pt][/size][/size][/size][/size]

 

[Bronco Buster]

Just a stupid? What about a rental agreement? If you rent a piece of property can you sue the owner of said property if you are injured on it? That may be a way to have guest and the owners (LLC) not be liable. I am no lawyer but it may be an idea.