By
Jan Bergemann
Published
September 6, 2013
For
years, we’ve heard or read about the lawsuits that occur when
associations buy "bankrupt" golf courses from
developers, or when associations make golf club memberships
"mandatory." Thus, the golf course curse begins!
Let’s
make no mistake! It happens all over Florida, and these
lawsuits, normally, end up being very expensive, costing vast
amounts of time and money. And, sadly, they are also costly to
relationships within the community: neighbor turning against
neighbor.
But,
we always hear: "It is contract law! You knew what you were
getting into!"
Which
is exactly why the status quo should stay as is! It’s all
about the contract!
Did
the contract state that the community owns the golf course or
that membership in the golf club is "mandatory" for
all homeowners? Read Carefully!
Just
because the golf course/club gets into financial trouble is not
a valid reason to saddle non-golfing residents, who never
intended to play golf or be a member of the golf club, with
expenses. To me, common sense dictates that the folks who want
to play golf should pay for their own entertainment, not force
their neighbors to finance their fun.
Other
reasons for so many golf club community lawsuits reside in the
facts:
-
Florida has too many golf courses;
-
The cost of maintaining an 18-hole golf course has about doubled in the last seven (7) years;
-
The number of golfers in Florida is decreasing, according to the PGA; and
-
The generation of new retirees, the baby-boomers, is not as eager to play golf as the former generation.
Thus,
we can see why so many golf courses are in financial trouble
today and are closing their doors.
No
matter what the proponents of HOA’s purchasing a golf course
or making golf club membership mandatory tell you, a golf course
is not improving the property values of the homes in the
association. A golf course is a serious financial liability;
and, in many communities, it is dragging down property values.
The
former sales incentive that caused buyers to pay extra has
turned into a curse! And any board members and golf fanatics who
are still "gung-ho," trying to buy a golf course for
the community, offered by a near bankrupt developer, have either
not learned anything from the past examples, or they just want
their neighbors to pay for their entertainment.
You’re
still not convinced that a golf course is more a curse than a
smart investment?
Florida’s
media reported a myriad of golf course lawsuits: Golf Course
Curses. Please read the following articles; you’ll understand
the reference to "Curses":
