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Article
Courtesy of The Sun Sentinel
By Marci
Shatzman
Published
January 25, 2009
Bristol
Lakes in Aberdeen has challenged the legality of mandatory membership, which
forces people who buy a home in their communities to join the country club and
remain a member.
The courts have ruled in Bristol Lakes' favor, and they're waiting for the
next move, possibly an appeal, after Aberdeen filed with a higher court to
have the judge disqualified.
"Our position is, we have to go back to square one," said Aberdeen's
attorney David Core. "The association is likely to appeal" if they
lose that challenge "but will look at the legal issues involved."
Aberdeen is not alone in requiring anyone who buys a home in one of its 25
communities in western Boynton Beach to join the country club. The concept
became popular in 2003 as a life raft for older country club developments that
were losing members as their residents aged and dropped out, siphoning off the
pool of dues that pay the clubhouse and golf course expenses.
Boca Raton lawyer Larry Z. Glickman came up with the concept, and many country
clubs in Palm Beach County convinced their residents to pass the measure.
Aberdeen was one of them.
"Our community voted overwhelmingly against it, and we have the largest
community in Aberdeen," said Bristol Lakes' homeowner association
president Charlie Koch.
"After they passed the rule, we proposed to exempt Bristol Lakes from
mandatory membership based on the fact that we're different: We're a family
community with kids. People still work and can't enjoy the club during the
day," said Lew Doctor, a West Boynton community leader who lives in
Bristol Lakes. "They defeated the motion.
"We can't even see the golf course from here, and we felt our property
values would be affected."
Even before the bottom fell out of the housing market, real estate agents were
telling them the equity and dues required for country club membership were
scotching their deals, and buyers who qualified were buying in Canyon Lakes,
GL Homes' new family development, instead.
There are also more resales in a family community than 55 plus because people
leave to take new jobs elsewhere, Lew added.
In 2007, after winning their homeowners' support to pay the legal fees,
Bristol Lakes' HOA filed suit on the grounds that Aberdeen's documents were
illegally changed. After several back and forths, in September the judge ruled
that mandatory membership in Aberdeen was not enforceable. Aberdeen countered
by asking the judge to recuse himself based on a conflict of interest, which
he declined to do. Then they asked the courts to remove the judge from the
case.
Lew said since they filed their lawsuit, other developments have challenged
mandatory membership.
"The economic model of country clubs in my opinion is dead, and they are
basically trying to keep a finger in the dike," he said.
Aberdeen's lawyer said he expects challenges to mandatory membership will be
addressed by the Florida Supreme Court and legislature. They're not trying to
set a legal precedent.
"Aberdeen is looking at it as a vote of the membership and much more for
the economic health and future of the community," he said.
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