Frequently Asked Questions
FLCCE HOA position as related to the sale of the Golf Course
Q: What can the HOA do about the potential development of the golf course? Can’t the owner do what he wants?
A: The private Covenant and Restriction (established 2007 and amended in 2014) REQUIRES the golf course remain a golf course or other community recreational use. And, to amend or terminate that covenant requires a75% vote of the homeowners.
Q: I’ve heard the Owner wants to develop pickleball courts, tennis courts, and a pool, either east of Beneva and or west of Beneva? Can he do this?
A: As long as the recreational amenities conform to the requirements of the First Amendment to the Covenant and Restriction, all other terms of the Covenant and Restriction, and appropriate county and state authorizations are obtained.
Q: We’ve heard that the owner plans to develop the entire golf course with housing. Can he do that?
A: No. The private Covenant and Restriction (established 2007 and amended in 2014) REQUIRES the golf course remain a golf course or other community recreational use. And, to amend or terminate that covenant requires a75% vote of the homeowners. Period.
Additionally, regulatory requirements for a housing development will necessitate the set-aside of some of the land to meet open space requirements, and in storm-water ponds, most likely larger than the ones already existing on the golf course.
Q: What is a Recreational District? Is this something the golf course owner does?
A Recreational District, (RD) is a vehicle, (district) established on behalf of, and with the leadership of, the purchaser(s) which enables a property acquisition, that may be financed over the period of approximately 30 years. Ex. University Park Golf Course is an example in which residents purchased the course and club, using this vehicle.
An RD is NOT something the golf course owner can do. The RD is a community-initiated process requiring a formal vote in support of such an agreement, by the majority of residents within the boundaries of the RD.
Q: Can’t the County overturn the Covenant and Restriction?
A: NO. The Covenant and Restriction is a private agreement between the FLCCE HOA and the golf course owner, and the County has no ability to overturn it. To amend or terminate the Covenant and Restriction requires a 75% vote of the homeowners. Period.
Q: Previously, prior to the sale of the course in 2014, the course was in bad shape. What keeps that from happening again?
A: Fortunately, the county has several Codes in place that speak to elements regarding our safety, as well as the required golf course use stipulated in the rezone and Best Management Practices piece, designed to protect the land and the residents who live within the FLCCE community.
According to previous Boards in place at the time, there were several issues at play regarding the transition from the previous owner’s financial struggles to sell the course and its ultimate auction to the current owner. Those elements helped place the course in that unkempt state.