Mountain Side Ownership.

rock yuppie · Mar 19, 2012

Nothing worthy of noting yet. Have had a couple conversations with a prospect buyer. Private ownership style park with friends and family is a definite NO-GO![size=10pt][size=10pt][size=10pt][/size][/size][/size]

The-Boss · Mar 19, 2012

rock yuppie said:
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.
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What about the original plan? It would be nice to take guests, but the 1K ownership is still a good deal if it offers legal protection.

BMan · Mar 19, 2012

The-Boss said:
What about the original plan? It would be nice to take guests, but the 1K ownership is still a good deal if it offers legal protection.

That's the problem legal protection even without guests included is like saying I have safe sex but only use "thin natural condoms" that I know do have a tendency to rip easier.......forgive the analogy. The point is their is still risk. Even with multiple owners buying in their is risk associated with the arrangement. Multiple owners equates simply to a possibility of more assets being involved in legal action. "Legal Protection" is only about minimizing the risk to a point where the owner or owners find the risk level acceptable. Even in a scenario where there are multiple owners buying into membership and arranged with a LLC or whatever you want to call it.....I believe insurance would still need to be procured to minimize the risk for all involved. There's always that one person who changes there mind or get's pissed off for one reason or the other and does something. I don't see a way around insurance. Managing this type of setup could be a logistical nightmare too and without structure or a team, club, board or whatever it should be called to help I don't see it being a success if it falls on one or two people like it did with Scott, Lisa and Bob trying to do it. Now I'll STFU before I say to much! molaugh

The-Boss · Mar 19, 2012

BMan said:
That's the problem legal protection even without guests included is like saying I have safe sex but only use "thin natural condoms" that I know do have a tendency to rip easier.......forgive the analogy. The point is their is still risk. Even with multiple owners buying in their is risk associated with the arrangement. Multiple owners equates simply to a possibility of more assets being involved in legal action. "Legal Protection" is only about minimizing the risk to a point where the owner or owners find the risk level acceptable. Even in a scenario where there are multiple owners buying into membership and arranged with a LLC or whatever you want to call it.....I believe insurance would still need to be procured to minimize the risk for all involved. There's always that one person who changes there mind or get's pissed off for one reason or the other and does something. I don't see a way around insurance. Managing this type of setup could be a logistical nightmare too and without structure or a team, club, board or whatever it should be called to help I don't see it being a success if it falls on one or two people like it did with Scott, Lisa and Bob trying to do it. Now I'll STFU before I say to much!

Analogy forgiven. laughing1

I was under the impression that the LLC partnership with a basic insurance plan and that was drafted by a profesional, would be secure. Seemed like the problem was too many people wanted to take guests before commiting. However, I doubt I read every post and it has been a while.

What ever shakes out, that place is way too nice to close to wheeling.

BMan · Mar 19, 2012

The-Boss said:
What ever shakes out, that place is way too nice to close to wheeling.

I agree 100%!!!! I'm working with Bob on a few things but it's to early to say anything yet nor would I take the liberty to speak for Bob. Suffice it to say as he already has, he wants to keep this place a place to wheel! :****:

Ya'll keep your fingers crossed!

muddinmetal · May 2, 2012

For those of us who are having Mountainside withdraws, Is there anyway there could be at least one "last" ride. Like maybe y'all could invite a few "friends" (the offroad community) to "clean up" the trails on your private property? Of course you wouldn't charge a gate fee, but you could ask for "donations". Could something like that ever happen 1 or 2 times a year?

mdo817 · May 2, 2012

muddinmetal said:
For those of us who are having Mountainside withdraws, Is there anyway there could be at least one "last" ride. Like maybe y'all could invite a few "friends" (the offroad community) to "clean up" the trails on your private property? Of course you wouldn't charge a gate fee, but you could ask for "donations". Could something like that ever happen 1 or 2 times a year?

Bahama Bob · May 3, 2012

Probably will be part of the discussion this weekend coming up for mid summer or early fall.

zukiscott · May 3, 2012

WELL YALL GOT MY ATTENTION , keep us posted :dblthumb:

TacomaJD · May 4, 2012

Bahama Bob the Beamer Bouncer hahaha classic ;D

zukiscott said:
WELL YALL GOT MY ATTENTION , keep us posted

What tha hell is the status on the damn green hornet Julio?!?!?!?!?!?!?!? ....I can't say much, my Taco been 3 wheel drive since January lol

Bahama Bob · May 4, 2012

TacomaJD said:
Bahama Bob the Beamer Bouncer hahaha classic ;D

The great internet wizzard must have ate the rock yuppie sign in name. It kept saying that name could not be found so I had to do a redo. :dunno:

TacomaJD · May 6, 2012

Hahaha rejected by the almighty interwebs wizzard, nice

Cherokee Johnny · May 8, 2012

Hey, I'm ready to work really really hard on the trails and sweeping rocks or whatever..... havin withdraws myself. Got my fingers crossed

mdo817 · May 8, 2012

Yea, I think I need to go ride up there and check a few new spots for you to put deer stands Bob. ;D

krackem · May 9, 2012

If the owner wants to allow people to ride without being a business they will need to check the "hold harmless" laws of Alabama and ask the state legislature to modify it where recreational if allowed on private property the owner of the land is not liabile for injuries. Ask the state legislature to specifically add OHV's (INCLUDING 4x4 FULL SIZE VEHICLES) to: Â§35-15-1. No duty owed except as provided in section 35-15-3 (Again note that no money can be charged, however you could legislate that a small fee (may) be charged say 10 dollars a day as long as it is not a substantial amount of the landowners income. If it is substantial then that would be a business and will not be covered by holdharmless.

Bottom line is to get with your state representatives and tell them what you want and ask them to amend and strengthen Title 35 Chapter 15 of Alabama code

Other ideas to mitigate the insurance costs would be to limit the access to only insured vehicles. You could set a minimum (use the state required minimum to begin with) amount required and keep on file copies of the insurance cards proving the vehicle was insured. Post speed limit signs and implement rule restrictions to be observed by the users of the park. Require a waiver of liability be signed before riding, and a statement agreeing to all the rules
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Right here is the best two ways to keep or reopen the park. From the amount of people willing to put up $1000 to have a spot to wheel' a donatation pool to pay for the insurance to keep a place to wheel don't sound that farfetched if Bob himself can't afford it(don't know him). With a signed waiver releasing him of liability would be the easiest, cheapest, and fastest way to protect himself and reopen MSORP with the assurance he can't sued for someone else's stupidity and wrongdoing . I'd write up a waiver, have it checked by an attorney to see if it covers and releases you and if it does any and EVERYONE entering the park MUST sign it to enter and keep a file of them. That's my two cents but best wishes in your endeavors bro and I hope u get it figured it hear a lot of good stories and opinions of the place and would love to come and wheel it