Country club battle heads to court

    

Article Courtesy of  Sun Sentinel

By Patty Pensa
Published December 19, 2004

 

It's been six months since the Aberdeen Golf & Country Club made memberships mandatory, but the change hasn't won favor from some residents prepared to take the association to court.

The community west of Boynton Beach is one in a string of country clubs that has fought the same battle against dwindling membership and changing lifestyles. Attorneys representing eight Aberdeen residents and the property owners association have been talking about compromise, but the prospect of such is uncertain.


"We're trying to see if we can resolve this," said attorney Guy Shir, representing the homeowners. Before homeowners voted in June to make club membership mandatory for new homeowners, the association's board decided to split the 2,200-home community into eastern and western voting districts. The community spreads east and west of Jog Road, with clubhouses on each side.

Splitting the communities was done to ensure mandatory membership would pass, Shir said. The change passed by less than 20 votes. Shir said he also plans to argue some residents were misled about the vote.

Along with imposing membership on homebuyers, new rules say members can't cancel their memberships until they turn 80 or get sick. About 50 members dropped their memberships before the rules went into effect last month.

"You know, this is ridiculous. I don't want to be held hostage here until I'm 80," said Paul Alongi, 75, who canceled his membership recently. "The problem is people are getting older and can't participate. It's not attractive enough, this type of lifestyle, for younger people."

Opponents of mandatory membership say it makes it harder for them to sell their homes. Condominiums sell for more than $200,000 and estate homes sell for about $700,000.

Attorney David A. Core, representing the property owners association, said even if it is harder to sell, the amendments passed are still valid.

Making membership mandatory was the association's way of addressing an economic reality, Core said. With new communities offering amenities without the added price, country clubs throughout Palm Beach County have been struggling to survive.

Jack Morgan, one of the Shir's clients, said he would rather see the issue settled out of court but is prepared to go to trial. He is president of the Aberdeen-based group Concerned Residents Against Mandatory Membership, which meets to discuss the issue.

Morgan, living in the community's only family subdivision, said he would be hard-pressed to find a retiree interested in golf to move into his five-bedroom, two-story home.

Residents on the east side of Jog, though, are not restricted to selling only to incoming members.

"We're well aware this was divide and conquer," he said.

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