Following the abrupt closing of the Stoneybrook West Golf Club located at 15501 Towne Commons Blvd. in December, the Winter Garden community’s homeowners association is attempting to purchase the club and golf course from owners Stoneybrook West Golf Club LLC. According to an update sent from the Stoneybrook West HOA to community residents Monday, Jan. […]
Residents Upset Over ‘Barren’ Legends Golf And Country Club (FL)
Thousands of homeowners in Central Florida live on golf courses; it is an investment they hope holds their property values high. However, as more courses struggle financially, homeowners’ investments are backfiring. The Legends Golf and Country Club closed nearly a year ago and current residents fear for the future of their property values and homes. Read […]
Money-losing golf courses can club the values of nearby homes
Many people who bought homes next to golf courses thought their property value would rise. But they are now discovering that golf-home prices can drop, too, as the popularity of the sport recedes. Decades after developers began to blanket the Sunbelt with residential communities built around golf courses, many courses are closing – triggering legal […]
Ooltewah homeowners buy Champions Club golf course for $2.1 million (TN)
Jim Brunjak has lived on the 14th hole at Hampton on the Lake for the past decade and watched the changes at the Champions Club golf course and country club through the years. Eager to restore and improve both the course and the club and its swimming pool, Brunjak and three of his neighbors — […]
Vista Valencia Golf Course to remain a golf course, owners say (CA)
The owners of Vista Valencia Golf Course want the pastoral property next to the quiet Fairways neighborhood to remain in operation as a golf course, even though the property is up for sale. The owners — American Golf Corp. — hope to find a buyer willing to keep them on to manage the golf course. […]
RVR golf course sale still concern for community (CO)
Rands sought for months to convince the town of Carbondale to rezone the driving range for high-density, multi-family housing. The golf course announced in July that it might have to close for good unless the neighborhood allowed rezoning for development or agreed to fees to keep the links open. The golf course was simply not […]
Vellano hits commission with 440-page appeal letter (CA)
The attorney for the Vellano Golf Course was scolded by residents and the Chino Hills Planning Commission for submitting a 440-page letter the night before an appeal hearing Tuesday, Nov. 20. WGP-Vellano LLC requested the hearing to appeal the city’s denial of its request to retain a chain-link fence it installed around the golf course […]
River Valley Ranch Golf Club headed into the rough (CO)
The River Valley Ranch Golf Club in Carbondale may have to close at the end of the current golf season unless a resolution comes forward in the meantime, according to reports from a recent meeting of the RVR Homeowners Association Read the article………………..
Royal Oaks Golf Course to close forever (TN)
Marnice Richmond knew what she was getting into when she took over ownership of Royal Oaks Golf Course, but she also knew she had the support of her father, Tinker, and that their combined energy could be enough to breathe life into the often-moribund business. After more than six years of effort, too many matches […]
Judge’s tentative ruling would void approval of Escondido Country Club project (CA)
A Superior Court judge on Thursday tentatively ruled that an environmental report for a controversial housing project on a shuttered golf course in Escondido was inadequate and needs to be revised. If Judge Ronald Frazier finalizes that decision at a hearing Friday, then the Escondido City Council’s approval of the 380-unit project on the 109-acres […]
St. Andrews homeowners fed up over potential plans to build on golf course (MS)
St. Andrews homeowners said they are fed up over potential plans to build on their community golf course. Now, they are preparing to take legal action to stop development in their neighborhood. Read the article…………………
Golf Cart Liability Issues for HOAs Exposed by Accident Involving Teens in Florida Community (FL)
The recent news about an accident inside G.L. Homes’ Seven Bridges community in Delray Beach involving four children on a golf cart highlights the potential legal liabilities for Florida associations concerning kids driving golf carts. Read the article………………….
Swimming Around Pool Rules in Community Associations (FL)
A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against […]
$7.5M Verdict Against Condo Association Should Have Been Prevented (FL)
The recent $7.5 million verdict for a St. Petersburg, Florida, condominium resident to compensate him for the injuries that he sustained in his community’s hot tub is a telling example of the potential ramifications that can result when any defects in the working condition of these amenities are not properly addressed. Read the article………………
Swimming Lessons in the Community Pool – What’s the Risk? (FL)
In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there are […]
Those Pesky Little White Balls
Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots. There is no statutory law that governs golf ball liability. However, the Supreme Court of […]
True Life likely to bid goodbye to Ahwatukee Thursday (AZ)
The True Life Companies is headed for the exit door from Ahwatukee as former owner Wilson Gee prepares tomorrow, Sept. 20, to foreclose on his $8.6 million note the developer signed more than two years ago in its ill-fated quest to build an “agrihood” on the site of the defunct Ahwatukee Lakes Golf Course. Unlike […]
How a stalemate in Garland’s first upscale subdivision was broken by a Plano nonprofit’s unique plan (TX)
After nearly five years of rancorous debate among residents, the City Council late Tuesday unanimously approved a concept plan for Eastern Hills Country Club. Plano-based nonprofit My Possibilities is taking over the land, which was the centerpiece of Club Hill, the city’s first affluent subdivision. The group’s plan is to fully convert the former country […]
Twin Rivers residents hope to coax new owners for golf course (TX)
In a Monday meeting, an overflow gathering of the Twin Rivers Homeowners Association hatched out a tentative plan which they hope will attract a new owner and greatly enhance the condition of their golf course. It marked the organization’s first meeting since the Tribune-Herald’s Aug. 26 story on the state of Waco golf, which in […]
Sea Palms West homeowners vote to buy golf course (GA)
Hoping to prevent residential development in the future, the neighborhood association of Sea Palms West homeowners voted to purchase the nine-hole West 9 golf course and convert it into green space. Members of the Sea Palms West Community Association voted overwhelmingly on Saturday to amend its covenant to allow it to buy the golf course, […]
Community Golf Course? Some Things to Consider
“Golf” communities have historically been amongst the most popular specialist recreational communities. In the 1990s, many communities were developed around golf courses, and buyers would pay a premium. However, golf lacks the popularity it once had, and associations have to consider what they are going to do as the number of rounds diminishes, and the once […]
Pool And Playground Legal Check Up In Your HOA
With summer here, it’s time to make sure that your pools and playgrounds are legally ready for action. With the proliferation of lawsuits and regulations, there are sound reasons for doing a legal checkup. Read the article………………
Homeowners Will Pay The Price For A Backyard Golf Course, One Way Or Another
Most everyone is familiar with the term “dead mall” to refer to a shopping center that has become stagnant and lost its anchors and many of its tenants. Now, suburban America is experiencing a new death right in their own backyards, one that is arguably much more difficult to address — and homeowners will be […]
Swimming the Dangerous Waters of the Fair Housing Act
As the weather warms up, community association pools are open and ready to be enjoyed. In addition to cleaning the pool furniture and testing the chemicals in the water, boards are tasked with the responsibility of creating rules to protect against harm to those using the pool. Boards must remain diligent so their well-intended rules […]
Case Law Update: Golf Course Restrictive Covenant Upheld (FL)
Owners of unprofitable golf courses are increasingly wanting to redevelop their golf courses as residential property, especially in areas where land for residential development is at a premium. Some golf courses are subject to recorded covenants that require the property to be used for recreational purposes and therefore prohibit such redevelopment. In Victorville West Limited […]
Redeveloping Golf Courses into Home Sites – Not Quite a Hole-in-One (FL)
Golf course communities are a fact of life in south Florida. But what happens when the course becomes too expensive to maintain? Sometimes, what started out as a voluntary club membership becomes mandatory for new owners. This can have obvious negative effects on sales due to the added expenses of the mandatory club membership. To […]
My two cents: HOA doing best it can to save Arizona National
On the same day that upscale Golf Club at Vistoso suspended operations last week, the Nogales-area’s Kino Springs Golf Club announced it will shut down at least until October. A month ago, Blanchard Golf Club at Davis-Monthan Air Force Base closed. All three of those courses have financial problems, but more direct, water problems. Inescapably, […]
8 Tips For Preparing Your HOA For Summer & Projects That May Come With It
It’s that time of year again when Memorial Day has passed, and everyone is excited about the summer ahead. We are anticipating the longer days and more hours of daylight ahead along with vacations, warmer temperatures, the kids getting out of school (OK depending on who you are that may be exciting), days spent by […]
Pool’s Open
Swim season is here. While your residents are excited about getting wet, it means more stress for you and your staff, especially if you don’t have good pool rules. For everybody’s health and safety, community association board members and managers need to make sure their pool rules are comprehensive, covering everything from guests, children, swimwear, […]
Accident Proofing Your HOA’s Amenities
Board members never set out to have an accident happen in their association. Nevertheless, accidents occasionally happen and claims are time-consuming and costly, even if they’re ultimately denied. To best protect your association, consider investing time upfront to keep HOA areas as safe as possible. Below are safety concerns to look out for in an […]
Pool Maintenance In Your HOA
The climate in many northern states offers limited access to outdoor pool facilities, generally from Memorial Day through Labor Day. Many elements such as weather, temperature, rain, sunshine, oils, lotions, sweat, etc., have an influence on water clarity and purity. It is important that regular inspections of the water and mechanical equipment be performed and […]
Building and Maintaining HOA Playgrounds
As we enter the summer months, more and more families are heading to the playground to play during warm spring and summer evenings. It is important that your board consider the safety of your playground on a yearly basis, and to keep up constant maintenance both for the safety and enjoyment of your homeowners. Here […]
Summertime is almost here; is your HOA playground ready?
By now, homeowners associations and their community managers have discussed the recent $20 million award against an association for failure to eliminate playground hazards. According to insurance companies, the majority of playground injuries stem from falls or impact with climbers and swingers. Fatalities occur because of strangulations and elevated falls. To eliminate playground hazards requires […]
Health District gives HOA pool tips (NV)
With the warmer months upon us, it’s time to talk about the pool. The Southern Nevada Health District has some tips for homeowners associations on pool maintenance and safety this summer. Read the article……………..
UPDATE: Recent Clarifications from the New Jersey Department of Health on the Amendments to the Public Recreational Bathing Code (NJ)
In our most recent blog post, we responded to a reader considering eliminating the lifeguard at their pool. This is something that many communities have considered doing this pool season as a result of the amendments to the Public Recreational Bathing Code, N.J.A.C. 8:26-1 (the “Code”), particularly the requirement that facilities with pools larger than […]
Insurance Basics: Protecting Your Community Pool
Swimming pools are one of the most common, and most desirable, amenities in managed communities. Whether your pool is an Olympic-sized fitness lover’s dream, a resort-style oasis or a rooftop paradise, your pool is an important feature for your residents that enhances their lifestyles every day. Pools are also, unfortunately, an accident-prone area. In the […]
Should Your Associations Approve the Installation of Semi-Inground Pools? (IL)
With the summer months approaching, your association may receive a request for approval from an owner wanting to install a pool on his or her property. For most associations, whether approval is granted will depend on whether the pool will be an in-ground pool or an above-ground pool. The governing documents for most homeowners associations […]
Condo Developers Use Techy New Weapons In The Amenity Arms Race
As developers at the top end of the residential market know all too well, amenities can often make the difference in courting the small demographic that can afford the most extravagant residences. The result is an arms race among building owners to provide truly unique services and offerings — in this day and age that […]
Q&A: Amendments to the New Jersey Public Recreational Bathing Code and the Affects on Your Community Association
Q: Our association is considering eliminating the lifeguard at our pool. Do we need to do anything other than post “swim at your own risk” signs? Read the Q&A……………….
Preparing your HOA Landscaping and Amenities for Spring
Spring is on the way and it is time to make sure that your HOA common areas are ready for the season. Soon, flowers will be budding, the leaves will be returning, and significantly more people will be enjoying your outdoor amenities. In this post, we’ll go over some of the things you’ll need to […]
Rules Targeting Children Risk Violating Fair Housing Laws
Imagine this: Susan and Bill, a retired couple in their late 60s, are sitting around the community association’s pool on a warm summer day, chatting with other residents. They have no children of their own and are becoming increasingly agitated by the high-pitched squeals of children who are swimming and splashing in the water. “I […]
Can an Association Restrict Use of a Swimming Pool/Other Amenities to “Adults Only” for Part of the Day?
An association in Washington probably cannot restrict use of an amenity (i.e. a swimming pool) to “adults only” for any part of the day, unless there are identical amenities available for use by children. Such a restriction would likely constitute discrimination based on age, which is prohibited by the federal Fair Housing Act. But an […]
Per-Use Condo Fees
Condo living comes with sharing the costs of maintaining a shared home. Excessive emphasis on cost sharing can lead to abuse. This occurs when a minority of condo owners find a way to force a majority to subsidize their behavioural choices. One way to avoid this is to incorporate a limited number of per-use fees. […]
Maintaining Community Association (HOA) Playgrounds: Careful Considerations
Having an HOA playground is an attractive feature for young families looking to purchase a home. A playground is also a great place for young children and parents to make friends. As children swing, slide, and climb, injuries are bound to happen. An HOA playground is a common area and therefore maintenance is up to […]
Judge rejects True Life’s plan for Ahwatukee Lakes Golf Course (AZ)
A state Superior Court judge on Tuesday rejected The True Life Companies’ plan for houses and other amenities on the defunct Ahwatukee Lakes Golf Course. Judge John R. Hannah Jr. also ordered True Life to pay the attorney fees of the two residents who sued to have the course restored and further directed their attorney […]
Court Rules No Mulligans for Golf Course Investors (FL)
The struggles of the golf industry in the past decade are well chronicled, particularly in Florida where a large number of courses, built as amenities for or in conjunction with surrounding residential communities, has been negatively impacted by the economic downturn, playing habits, and perhaps an over saturation of the market. Couple those external factors […]
Top Amenity Trends in New HOA Communities
Home buyers are searching for more than a new home; they are searching for a place that offers a sense of community. Walking trails, resort-style pools, and quaint shopping and cafes top the list of amenities today’s home buyers desire. These type of amenities allow for interaction with others in the community. When it comes […]
The Best Community Amenities for Your HOA
Staying up to date with current trends and providing competitive amenities is one of the best ways to attract tenants who care as much about your community as you do. When looking to raise the bar, looking beyond the basic conveniences will boost your overall appeal, increase the value of your property, and make your […]
Cord Cutters a Factor When Buying Cable TV Service (NY)
The bulk buying of services has long seemed like good business to co-op and condo boards. But in today’s brave new world of cable TV services, suppliers are making unprecedented demands, often requiring that buildings guarantee a 100 percent buy-in in order to get a bulk-rate discount. As a result, co-op and condo boards are […]
Pool Contractor’s Ability to Work on Pool Electrical Wiring in FL
On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a Certified Pool/Spa Contractor (“CPC”) for replacing existing pool light fixtures. The Final Order adopted and was based upon an Order of the Division of […]