HOA Golf community lawsuis and redevelopment plans (November 2017)

By Deborah Goonan, Indepdendent American Communities



Palm Beach County approves 521 new homes on golf course

Aug 25, 2017, 2:22pm EDT
Brian Bandell
Senior Reporter
South Florida Business Journal

The Palm Beach County Commission unanimously approved a plan to build 521 homes on the former Marina Lakes Golf Course west of Delray Beach.

The Avalon Trails community by 13th Floor Homes, part of Miami-based 13th Floor Investments, would be restricted to people ages 55 and up. It expects to commence sales in 2018, with prices from the mid $200,000s to $500,000 in single-family homes, villas and multifamily.

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Homeowners neighboring this former Delray Beach golf course agreed to low-density, common interest redevelopment with considerable landscape buffers between the existing and new communities. The new 55+ community will be marketed mainly to affluent retirees. 


Adobe Creek neighbors teed off

ARGUS-COURIER STAFF | September 15, 2017, 10:41AM

In the past nine months since its abrupt closure, the once-pristine Adobe Creek Golf Course on the fringe of Petaluma’s east side has become a massive overgrown blight on the community, frustrating residents who own homes in an upscale subdivision surrounding the now-defunct amenity.

A large group of property owners from the 320-home Adobe Creek Homeowners Association gathered Tuesday at Casa Grande High School to urge city and county leaders to help them find a resolution to mounting issues, including rat infestations, weeds, declining property values, dust, trespassers and dying trees. A path forward isn’t clear, as the 100-acre course is split between county and city jurisdiction and is governed by several layers of highly-restrictive land use regulations that all but solidify its use as open space or golf course.

On Jan. 1, the course’s owners shuttered the 18-hole facility amid declining business and what operators said were insurmountable financial losses amounting to $200,000 annually. The course faced rising costs while seeing a steady decline in play despite efforts to stabilize the business, which included revamping facilities and marketing, operators said.

The fate of the course has been the focus of much speculation this year and emotions are running high as homeowners continue to wait for answers while the grounds are subject to minimal maintenance. While property owners Tuesday implored city and county leaders to take a more active role, both entities are limited in the scope of what they can accomplish.

“Neither me nor any of my colleagues question the importance of this issue for your neighborhood or for the community, in terms of preserving the integrity of an important neighborhood, and I’m sure I speak for Supervisor David Rabbitt as well,” City Councilman Mike Healy said at the meeting. “The challenge here isn’t whether it’s important, the challenge is … what can we meaningfully do about the current situation as it stands given the legal parameters?”

Talk at the meeting focused in part on a potential sale of the course to a development group who would operate it as a golf course, though details were scarce. Richard Coombs, a general partner in Adobe Investments and Rooster Run Golf Club, and his partner, Larry Wasem, did not respond to requests for comment. Both are also involved with the Airport Business Center, a separate entity that’s a major developer in the county.

The land within the city limits is governed by a zoning requirement enacted in 1989 mandating that public access and use of the golf course be preserved through 2039. It would be a tough sell to get a judge to force the property owners to keep the course running, City Attorney Eric Danly said.

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Adobe Creek was zoned as a public access golf course through 2039. Buyers assumed they would have a well-maintained golf course until that time. But at the start of 2017, the course was closed without advance notice. Now it has become overgrown and weedy, attracting vagrants and rodents. The land is up for sale, and its future use remains uncertain. Homeowners in Adobe Creek HOA face declining property values as the matter goes unresolved. 


An abandoned golf course in central Pennsylvania

After months of battling angry residents, owner of Legacy Golf Course says it is reopening

by Denise Rosch & Christy Wilcox Thursday, August 31st 2017

LAS VEGAS (KSNV News3LV) — It’s an unexpected turnaround for a Henderson golf course.
After nearly two months of battling angry residents, the owner of Legacy Golf Course near Wigwam and Green Valley parkways says he’s reopening the business.

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Legacy Golf Club to reopen soon; legal fight continues

By Sandy Lopez Las Vegas Review-Journal
September 18, 2017 – 2:45 pm

The shuttered Legacy Golf Club is soon expected to reopen, but owners of the course and the nearby homes continue to fight.

Par Excellence Drive Trust, LLC co-owners Georges Maalouf and Eddie Haddad said they have been working with city officials to expedite needed permits, including their operating, business and liquor licenses so the course can “open the first part of October.” The group closed its purchase July 4 and closed the course the next day.

“We wanted to comply with the judge’s order, not only maintain it, but also to re-open the course as a good-faith gesture to all of the neighbors of the community in order to continue discussions on how to best to keep the course open,” Haddad said. “We’d love nothing more than to have this course opened forever as long as it’s financially feasible.”

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See also:

More Henderson residents want to join Legacy Golf Club lawsuit


Three homeowners’s associations adjacent to Legacy Golf Club continue legal pressure upon landowners to maintain the golf course, as ordered by court injunction. HOA leaders are not confident that Par Excellence Drive Trust will follow through on keeping the course permanently open. At least for now, though, homeowners seem to have won the battle, as Legacy Golf Club website is currently promoting it is now taking holiday party reservations.

Creekside Golf Club neighbors appeal loss; club owners want $524,860 in legal fees

Tracy Loew, Statesman Journal Published 6:14 p.m. PT Sept. 29, 2017

Creekside Golf Club’s neighbors are appealing a judge’s decision allowing the course to be turned into a residential subdivision.

The club’s owners, meanwhile, have asked the court to order the 588-member Creekside Homeowners Association to reimburse them more than a half-million dollars they spent fighting the HOA’s lawsuit.

The neighbors filed the suit in April 2016, asking a judge to stop the owners’ plan to redevelop the 18-hole championship course in South Salem into a 354-home community.

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Now that a judge has decided to allow the Creekside golf course to be developed for more than 300 new homes, the landowner has decided to ask for reimbursement for his attorney fees. But the HOA is not done fighting back. Homeowners cannot understand why some other HOAs have been able to enforce CC&Rs requiring a golf course to remain in place – as in the recent ruling involving Legacy Golf Club in Nevada. But each community’s restrictive covenants must be read, interpreted, and enforced on a case by case basis. 

Some neighbors anxious about golf course future

By Karen Berkowitz
Pioneer Press
The Legacy Club in north Highland Park was marketed as a golf course community when home buyers selected their home sites and models in the late 1990s.

The home builder’s brochure described the development as “nestled within the scenic fairways of the Highland Park Country Club” — a reference to the golf course the City of Highland Park had purchased in 1993 before selling off a piece for residential development.

“We purchased our house at a premium price to be on the golf course by the fourth hole green,” said Inez Tivin, one of the homeowners who will be impacted if the golf course closes and is converted to walking and bicycling paths.

“It was definitely the selling point,” said homeowner Alan Andalman of the golf course. “We never dreamt that the city and the park district would be moving to eliminate the course.”

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In this Chicago suburb, a Park District leases the golf course and country club from the city of Highland Park. Homes were sold in the 1990s, when living adjacent to a golf course was highly desirable, and when many more people played the game. Now the course loses money every year, so the City decided to do away with it. The Park District wants to convert the course to a park with natural landscape, trails, and storm water detention facilities. Oddly enough, some homeowners are worried about non-golfing strangers walking the trails near their homes.  

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