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Summary of Golf Course Committee (GCC) Presentation at the FLCCE HOA Annual Meeting 1/16/21

In September, the FLCCE HOA Board formed the GCC. The GCC has performed rigorous due diligence on our legal standing, as well as researched potential uses of the golf course land, if sold.  In as much, we reference the following documents:

  1. Covenant and Restriction (2007)

  • Is binding on the landowner and its successors and the Association and its successors

  • Is agreed upon by two private parties, with no ability to be overturned by a third party, such as the County.

  • Four key points:

    • Defined allowable density to 200 dwelling units

    • Specifically, units held on 11 single-family lots on Hyde Park St., and 189 units in the footprint of the old clubhouse, and thereby, designated  the remainder of the land as open space/golf course, in perpetuity

    • Requires the owner to maintain in good standing the Water Use Permit which allows for the irrigation of the golf course

    • Specifies that 75% of the residents in our subdivisions must approve of any changes to the golf course land use –This is not an HOA Board decision; it’s the residents’ decision.

Upon purchase, Grosvenor Square Capital became a successor to the Covenant and Restriction. In 2014 Grosvenor requested HOA approval for a density increase and slight changes in the development footprint. This increase in density, as well as, the Association’s support during the rezone, allowed Grosvenor to sell approximately 24 acres (where the Enclave now sits), to Mattamy Homes for approximately $5.9 million. This rezone necessitated an amendment to the Covenant.

  1. First Amendment to the Covenant and Restriction (2014)

  • Signed by Grosvenor and the FLCCE HOA

  • Caps allowable density units at 213

  • Located these units to the Enclave area, and the 11 single-family lots along Hyde Park St.

  • Details allowable uses in the open space as golf course or passive recreational uses

  • Requires the owner to maintain in good standing the Water Use Permit (WUP).

  • States that all other terms and conditions of the Covenant and Restriction remain in effect – To reiterate, any changes to uses of the open space/golf course will require approval by 75% of the residents.

The good-standing of the WUP is stipulated by the FLCCE HOA in documents. The WUP is necessary to irrigate the golf course and without this permit, the course may not be sustained. Within the past four months the Association has twice reminded Grosvenor of their WUP obligation to ensure its renewal and preserve the land’s ability to exist as a golf course.

The GCC has reviewed multiple options. To date, there is incomplete/inadequate information from which residents might make a decision, IF the land were sold as a golf course, or for other purposes.

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