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PaulF (Florida)
Posts: 6
Posted:
Our Gated Community contains a Golf Course/Country Club that is owned and operated by an entity not affiliated with the residents/home owners.
The Club has requested that the HOA provide transponders to non resident Club members so they may enter the property at will and bypass Security as a convenience to the non resident Club members.
Is anyone else in a similar situation and would the residents have any legal recourse to block such a decision by the HOA Board?
Should non residents have such unfettered access?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Deny Them. They don't pay for your gates and non residents have absolutely no right to entry .Gates are expensive to maintain. The phone box, the power, and everytime some overanxious nut smacks into them, the welder is on his way at $250.00 per call. Then we have to touch up the paint. I say NO WAY!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Is this golf course run by the prior developer or did he sell it to them?

Is there now or has ther ever been any formal recognition of the two parties?

Something out of whack here and I suspect you will find it in some written agreement. Why would golf course owners put them selves in a closed compound if they needed the public to survive? Lots of questions about this one. Who pays taxes, who repairs roads, how was it done in the past. Are we to believe the HOA just up and decided to close off the golf course? Didn't the golf people coimplain? I, for me, am not even going to try and answer this one without more info.
PaulF (Florida)
Posts: 6
Posted:
Robert, the Club is owned and operated by a successor deleloper.
The new ownership took the club private as it was semi private (pretty much open to anyone who called to make a reservation) under the old owners.
The community/residents voted to allow the new owners to add additional housing units and take the club prvate.
Until now only resident/owners had "clickers" to raise the entry gates.
This past month the HOA bought and paid for an updated entry system that no longer uses "clickers" (a garage door opener) but a transponder attached to the windsheild.
The club has a number of non resident members and they have requested that the HOA provide and install transponders on non resident golf member vehicles.
There has been great controversy over this rquest as some Board members think it's no big deal while other feel there are more far reaching ramifications to giving non residents unfettered electronic entry to the community, a community that has 24 hour manned gates.
Those who advocate giving the non resident members a transponder say the golfers should not have to wait in any line (however short) to pass the security guards which I think is a straw man issue.
HaroldS (Arizona)
Posts: 906
Posted:
A really strange setup having to go thru locked gates to get to a golf course that doesn't belong to the HOA. I question the business acumen of someone who would get himself into such a dilemma, by being beholden to the whims of an HOA for access to his business. Is there a clubhouse where they have a restaurant and parties? It is even more silly to have your members subjected to all that traffic when they thought they were buying into a gated community. I suppose there is no other way he could get access to his golf course? Harold
PaulF (Florida)
Posts: 6
Posted:
The original thought of the new developer was that they would sell enough Golf memberships to residents and to folks buying the newly approved units yet to be built to make it all work.
With fewer resident Golf members than anticipated, and the weak Real estate market preventing construction and sales of the new condo units there have been new Golf members from outside the community and therefore the problem at hand.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, his business is basically land locked by a road that he has no access through! His bad!!

Your board can either require him to create another "entrance" to his course, or - for a fee- sell him so many winsheild tickets, per year, to use your road and entrance.

After all, wear and tear on your road and your apparatus has got to be a consideration.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Right you are Susan,
I think we must be going through a spell where we have to guess what is going on.

I just hope the Board don't tie them in to letting the Golf course use their gate and Roads for some consideration having to do with reduced fees to play golf. The Board would not have the right to negogiate the HOA rights. But in the Hoa I live in (Master), ours is condo, if the HOA and condo owners could not play golf everyday they would go bananas. I don't have a problem with that as they pay for their membership. And it is a private club, non-equity. The solution may be found in some old document, but on the surface it appears someone dropped the ball. Of course the members in the HOA want to play golf (some anyway) and the Golf course Owner wants more business and don't want to pay. It maybe not a question of who is right as each can benifit from the other. They are going to have to settle this, I don't think we can.

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