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StevenW5 (Delaware)
Posts: 1
Posted:
Our HOA community is located adjacent to a golf course. The golf course is owned by the Developer who still has controlling shares of the HOA community. The HOA Board, which includes the Developer, added to the HOA annual budget a line item in the amount of $32,000 for operations at the golf course. This is not consistent with the by-laws within the HOA covenants, which state that,"... the golf course is privately owned...,and not subject to nor included in the Declaration of Covenants...". With this understanding, I believe that golf course expenses should not be included in the HOA budget. I would be interested to learn if others have experienced questionable line items within their HOA budgets, and how best to respond to tem. Thank you.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Steven,

I agree that Association funds should not be used for golf course maintenance. That is why I won't purchase in a golf course community as often the Association needs to support the golf course.

Since the Declarant is in charge, they often have the voting power to amend the governing documents.

This is one of those times that you may want to consult with a local attorney.
KerryL1 (California)
Posts: 14,550
Posted:
With Tim, consult an attorney. Would be best, IMO, to get a group of similarly annoyed Owners to chip in for a good strong letter to the developer telling him to refrain from charging assessments for his property. Strength in numbers.

The attorney also will closely read your governing documents to make sure there's not some provision where the developer can do exactly that.

If there are open board meetings in your HOA (don't know if Delaware requires them or not), a bunch of you should attend and insist you all not pay for golf course maintenance.

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