HOA, condo, coop Golf Community updates (Sept. 2018)

 

When a golf course is closed, but no new development is on the horizon, nearby residents have to deal with tall grass and overgrown shrubs. Not only does it look awful, it also serves as a haven for snakes, rodents, and other pests. 

Finally, after several years of complaints, County government decided to enact a mowing ordinance. But Palm Beach area homeowners and residents don’t think it will do much good. 

County officials to defunct golf courses: Mow your lawns

LOCAL By Alexandra Seltzer – Palm Beach Post Staff Writer

Updated: 11:02 a.m. Monday, August 27, 2018 | Posted: 5:15 p.m. Wednesday, August 22, 2018

Gail Neer says she bought her home because of the view of the Mizner Trail golf course. And now, years later, she finds herself keeping her porch shutters a little bit lower so she doesn’t have to look at the land.
The golf course west of Boca Raton closed in 2005 and is slated to be redeveloped into a residential property — a project that county commissioners approved about four years ago against the wishes of the residents of the Boca Del Mar community.

But the new construction hasn’t happened, and instead of new neighbors, tallgrass and weeds have taken over the abandoned links, greens and fairways.

“I just sometimes pretend that I’m on safari,” Neer said. “I just don’t know what kind of an animal or critter will walk by with the way it is.”

Residents including Neer have complained to the developer and county commissioners about the look of the land.

To their relief, county commissioners last week approved stronger rules that require owners of abandoned or inactive golf courses in suburban Palm Beach County to maintain the properties. Owners now need to contain the weeds and mow the grass to seven inches on the first 25 feet from the property line and to 18 inches on the remainder of the land.

While the new rules are “better than nothing,” Abrams said, golf course owners could still choose to ignore them and pay a code enforcement fine. Abrams said it isn’t a “cure all.”

Read more:
https://www.mypalmbeachpost.com/news/local/county-officials-defunct-golf-courses-mow-your-lawns/kK7odI9gPATDOLware94WL/

Abandoned Golf Course
An abandoned golf course in central Pennsylvania

 

Another golf course bites the dust in Fishers, Indiana. Since Gray Eagle is built in a flood plain, much of the land will be set aside for public park space. A number of other uses are possible for the remainder of the land, everything from senior housing to medical office space. 

Last year, homeowners rejected the option of paying higher HOA assessments to buy the golf course from the owner. Now the land is up for sale. 

In Fishers, they bought homes around a golf course that’s now going away. So what’s next?

John Tuohy, Indianapolis Star Published 6:05 a.m. ET Sept. 6, 2018 | Updated 11:53 a.m. ET Sept. 6, 2018

FISHERS — A little more than a year ago, hundreds of homeowners around Gray Eagle Golf Course fought off a church’s plans to build on the property.

Among the objections, residents feared that eliminating the driving range for the project would hasten the demise of the course.

Now, the whole operation’s poised to close down, with the owner blaming a falloff in business that mirrors the sport’s decline nationally.

Gray Eagle owner RN Thompson plans to shutter the 18-hole course, driving range, putting greens and simulators in 2019 — and that’s giving some homeowners along the course a mild case of the yips.

“We are very sad and upset; that’s why we moved here,” said Tobi Weinstein, who has lived right next to the first green for three years. “Everybody would like it to stay a golf course.”FISHERS — A little more than a year ago, hundreds of homeowners around Gray Eagle Golf Course fought off a church’s plans to build on the property.

Among the objections, residents feared that eliminating the driving range for the project would hasten the demise of the course.

Now, the whole operation’s poised to close down, with the owner blaming a falloff in business that mirrors the sport’s decline nationally.

Gray Eagle owner RN Thompson plans to shutter the 18-hole course, driving range, putting greens and simulators in 2019 — and that’s giving some homeowners along the course a mild case of the yips.

“We are very sad and upset; that’s why we moved here,” said Tobi Weinstein, who has lived right next to the first green for three years. “Everybody would like it to stay a golf course.

Read more:

https://www.indystar.com/story/news/2018/09/06/gray-eagle-golf-closing-par-course-sports-popularity-dips/1157810002/

 

Gavel and legal books lawsuit court

Sometimes the CC&Rs for a homeowners’ association require owners to pay for country club membership, no matter what, even though the Golf Club is a separate non-profit organization.

And in Callawassie, according to this 2016 article, HOA dues are a whopping $714 per month, plus an additional $300 per month for access to the golf course. No wonder owners are having a tough time selling their homes to get out of this unaffordable agreement.

Callawassie club members must pay dues, even after resigning, says SC Supreme Court

BY TERESA MOSS
tmoss@islandpacket.com

August 29, 2018 06:26 PM
Updated August 29, 2018 06:52 PM
On Wednesday, the S.C. Supreme Court ruled in favor of the Callawassie Island Club, concluding a case that begun in 2011, according to a news release from Group 46.

The ruling upholds a members agreement which requires members to keep paying dues, even after resigning. The club members must pay or transfer the membership to someone else.

“The wider significance of the ruling stems from its impact on any community development that includes club amenities and privileges, a sector prominent in the economic life of our region,” the release states. “For the Callawassie Island community, the Supreme Court ruling marks the ending of a long-running dispute and helps return attention to the widespread sense of satisfaction enjoyed by residents and club members.”

Read more:

https://www.islandpacket.com/news/business/article217543970.html#storylink=cpy

 

Money $100 bills
Image courtesy of https://quincemedia.com (3D illustration by Quince Media)

 

This Nevada golf course is surrounded by a 220 home HOA, but the golf club has only about 40 paying members. Restrictions for the community do not allow construction of additional homes, but the owners of the golf course are hoping that the HOA will purchase the course and amenities for $6 million. (That’s about $27K per home.)

Genoa Lakes owners may close course

Kurt Hildebrand
August 31, 2018

The owners of Genoa Lakes are polling residents of the golf course community on alternatives that could include closing the course.

In an Aug. 11 letter, course owners Genoa Golf Group suggested several courses of action to members of the homeowners’ association ranging from closing to selling it to residents.

Genoa Lakes Golf Group Partner Fred Gartrell said the survey was developed by his partners to take the community’s temperature.

“I’m optimistic that majority of the community is interested in seeing this course remain open and going into the future,” he said. “We really don’t have an interest in closing it down. We think of it as an anchor for the Valley.”

Gartrell said only 18 percent of the club’s residents are members.

Read more:

https://www.recordcourier.com/news/local/genoa-lakes-owners-may-close-course/

 

 

Time for change reform
(Pixabay.com free image)

Coffee Creek HOA is suing the developer, claiming that the golf course cannot be redeveloped for a different purpose, citing an “implied easement.” The developer says he cannot be forced to operate a losing business (a golf course) on land that he owns. But there are other issues.

As if there were no other options, the planning commission is more or less insisting upon the establishment of yet another HOA-governed community — this one with mixed commercial and residential uses. Why can’t the parcel simply be redeveloped with single family homes that are NOT subject to a mandatory membership homeowners association? 

Homeowners take golf course redevelopment fight to planning commission

PUD consideration delayed for The Heritage at Coffee Creek PUD
BY JAMES COBURN | THE EDMOND SUN Aug 21, 2018

The Edmond Planning Commission voted 4-0 Tuesday evening to continue consideration of rezoning from single family residential to a planned unit development for The Heritage at Coffee Creek Mixed Use Development. This proposed PUD is located south of Coffee Creek Road, east of Kelly Avenue. Double Eagle Development is the applicant.

The plan can be approved under the zoning that exists by ordinance, said attorney Randel Shadid, representing the developer.

The evening was ripe with contentious arguments from Coffee Creek residents about a vague PUD, traffic safety, water runoff and a drastic change to an established residential area. A reference was made to the sign alerting residents to the Planning Commission meeting.

The current preliminary plat proposes to transform the golf course into single family residential homes and townhouses. The master plan, as presented by PDG, has been broken into districts. District 1 is a mixed-use town center with residential above the ground floor retail space; District 2 is a mixed use neighborhood retail and office park; District 3 is medium density residential allowing for a duplex or townhouse; and District 4 is traditional residential, said Katy O’Meilia, a senior planner for Planning Design Group. O’Meilia reiterated that not part of the design are gas stations, big box stores, apartments and drive-through restaurants.

A homeowners association would be established, Shadid said. Commissioner Kenneth Wohl inquired when the commissioners would see the covenants. City Attorney Steve Murdock said at the time of platting a draft of the homeowners covenants is usually provided for review.

Read more:
http://www.edmondsun.com/news/homeowners-take-golf-course-redevelopment-fight-to-planning-commission/article_78baede0-a5be-11e8-8b38-b72c57f904d3.html

 

 

Golf-course-player-swing-club
(Pixabay.com)

Because the Covenants, Conditions, and Restrictions for Ahwatukee Lakes state that the land will always be a golf course, the new and former owners are stuck with a bad land deal over a parcel that cannot be redeveloped. However, homeowners from the HOA are thrilled with the final judgment in their favor.

Judge issues final order on Ahwatukee Lakes

AFN News Staff Jun 14, 2018

A Superior Court judge has issued his final order in the Ahwatukee Lakes Golf Course case and directed the current and former owners to pay more than $170,000 in fees to the lawyer who won the case.

Judge John Hannah last week said The True Life Companies must pay attorney Tim Barnes about $130,000 and former owner Wilson Gee another $42,000 for his work in representing Ahwatukee Lakes residents Linda Swain and Eileen Breslin in their four-year fight to have the defunct 101-acre site restored as a golf course.

Hannah also ruled that True Life “breached the covenant of good faith and fair dealing implied in the 1992 Covenants, Conditions and Restrictions” governing the use of the site, which was shut down in 2013 by Gee.

Read more:
http://www.ahwatukee.com/news/article_743eb40e-6f31-11e8-b1de-37e1bf187380.html

 

 

Court law legal books gavel
(Pixabay.com free image)

Homeowners in Lakewood allege a conspiracy between the golf course owner and original developer to defraud purchasers with the promise of open space and a golf course, only to later request a zoning change to allow building more than 500 duplex  homes on the land. 

Lakewood Eagle Ridge fraud lawsuit: Conspiracy must be spelled out, judge says

Stacey Barchenger, Asbury Park Press Published 12:28 p.m. ET Aug. 17, 2018 | Updated 8:56 p.m. ET Aug. 17, 2018

Residents opposed to construction of homes on Lakewood’s Eagle Ridge Golf Club need to refile their consumer fraud lawsuit against the developer, a judge said Friday.

More than 600 residents of The Fairways at Lake Ridge in May sued developer GDMS Holdings LLC and the company that built their age-restricted community decades ago, the Kokes Family Organization and its related companies.

Michael Pasquale, an attorney for GDMS Holdings, said in court that the residents’ lawsuit did not allege specific wrongdoing by GDMS Holdings and their claims were instead directed at the Kokes family.

State Superior Court Judge Mark A. Troncone in Toms River agreed that there was not enough information, telling Spring Lake lawyer Ronald L. Lueddeke, who was hired by the residents, to revise the lawsuit.


The residents say in their lawsuit that they bought their dream homes at The Fairways in the late 1990s on a promise that there would be open space: the golf course.

They allege a conspiracy between GDMS Holdings and the Kokes’ companies that broke that promise and resulted in the current plan to build more than 500 houses with basement apartments on the Cross Street golf course. Retirees paid premiums that collectively totaled more than $16 million to live in the age-restricted community, their lawsuit reads. The open space is also guaranteed by state land use law and local ordinances, the lawsuit says.

Read more:

https://www.app.com/story/news/local/communitychange/2018/08/17/lakewood-nj-eagle-ridge-fraud-lawsuit-filed-again-judge-says/1018436002/

 

 

Golf course panoramic
(Pixabay.com free image)

 

The fate of this Texas golf course, and the community that surrounds it, hinges on an HOA vote. Let’s hope the voting process is fair and transparent. 

Kings Crossing homeowners now voting on new clubhouse, golf course proposal

npradier
10:07 pm
August 7, 2018
CORPUS CHRISTI – The fate of the old Kings Crossing clubhouse is now in the hands of the homeowners in that neighborhood.

Back in June, KRIS 6 News reported about a proposal to restore that facility and the shuttered golf course.

Residents there are now voting on a proposal to financially partner with the project. Voting started on August 1.

Meantime, the old facility is still being demolished and is mostly down to rubble while people who live in Kings Crossing decide if a new clubhouse and a renovated golf course will replace it.

Read more:
https://kristv.com/news/local-news/2018/08/07/kings-crossing-homeowners-now-voting-on-new-clubhouse-golf-course-proposal/

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One Reply to “HOA, condo, coop Golf Community updates (Sept. 2018)”

  1. Of all the articles you write, I believe the information on golf courses might be the most valuable. Houses on golf courses thru my adult life were prized and sold at a premium. After living in a golf community (but not on the course) and having golf balls fly over my head when walking, talking to people who had been hit or had the side of their homes or windows destroyed by balls, I would never live in another. But now knowing that the golf course could be turned into church property, high density rentals or homes, I would not take a chance. Golf courses are suffering. Millennials aren’t buying into the game of golf when they can play World of Witchcraft or whatever on their laptops. It’s just another myth being destroyed that HOAs uphold property values. In the meantime, I keep looking for that lovely non-HOA home. They are hard to find but I will find one,

    Like

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