Peters & Freedman helping another Country Club raise $621,000 a year using enforceable liens

January 25, 2004

By Desert Horizons Country Club - A Concerned Owner
Copyright AHRC News Services

The Boards of Directors of Desert Horizons, and Desert Horizons Country Club have proposed a novel solution to the lack of country club members. They are trying by amajority vote of the Homeowners to compel all residents to pay a $1200 per year fee for restricted dining privileges at the Country Club.

It is estimated that over 30% of the 510 residents do not currently belong to the Country Club. For the 25 years of its operation as a planned community there has been no obligation to participate in the Club. The Club and the Homeowners Association have always been separate non profit corporations.

Country Clubs throughout the nation are having problems recruiting members. In the November issue of Golf Digest author Ron Kaspriskc states private golf clubs desperate for new members".

Enter the Homeowners Association. If the proposal is successful, the $621,000 a year raised by this assessment is a legally enforceable lien against property, whether the homeowner chooses to participate or not. Desert Horizons Boards are following in the footsteps of a mobile home park that enacted a similar proposal. The elderly residents of Desert Crest in Desert Hot Springs were stunned in July that a court would force them to pay $521,000 a year to join an adjacent public golf course. The attorneys for the owner of the golf course is the same Peters and Freedman that represent Desert Horizons, and who have been the subject of much criticism in their San Diego law practice.

The Supreme Court in California has been asked to review the Desert Crest decision, With over 6 million Californians living in Homeowners Associations mere may be a compelling reason for review. Likewise the California Legislature is looking at this issue as problems arise.

Membership in a Country Club is a wonderfiil experience for many people, but it must be voluntary. Using the considerable powers of a Homeowners Association to reach into the pockets of its residents is far beyond the legal reason for their establishment.