The Foothills Club West Association board is leveling fines on the new owners of the golf course for not conforming to its land use regulations.
Association board President Mike Hinz made the disclosure to the HOA’s approximate 2,700 homeowners as he repudiated a report in the Ahwatukee Foothills News last Wednesday that said the owners were to present their plan for the golf course at the board’s meeting Oct. 15.
Since Sept. 21, course owner The Edge and its related entity, Community Land Solutions, have posted that meeting as part of their timeline for rolling out plans for the site – which they have renamed The Park at Club West.
But Hinz told homeowners in the association’s newsletter he and the other board members “have not met with nor have we received any formal notice as to the current scope or nature of” the entities’ plans for the course.
“The Edge or Community Land Solution’s proposal for the Club West Golf Course has not and has never been on the agenda for the October 2020 board meeting,” Hinz wrote.
The fines and violation notices for the two entities’ failure to run the site as a golf course apparently came as no surprise to them.
Hinz’s message said that as soon as The Edge closed escrow with course owner Wilson Gee to buy the course for $750,000, “they were immediately advised that they are in violation of their CC&Rs.”
The Edge is subject to fines for failing to comply with the site’s covenants, conditions and restrictions – which require the owner to maintain “a world-class golf course.”
The Edge’s plan to revive the course and add a new clubhouse failed to even make it past the review of the HOA board earlier this year after Taylor Morrison pulled out of the plan when some residents began vehemently objecting to the new owner’s plans to build 162 homes on the course to support the rest of the project.
Homes apparently are still in the mix for whatever plan The Edge and Community Land Solutions are putting together with the help of an advisory board they created to seek residents’ ideas about what the course should be turned into.
Hinz’s statement casts into question whether CLS will be presenting a plan to the board in time for a homeowners’ vote this year.
Besides the fact that the board has only two more monthly meetings, it also faces a lawsuit by a homeowners group over the way it assumed the declarant rights over the course.
The Club West Conservancy, which wants the site to either be restored as a golf course or turned into parkland with no homes, has challenged the board’s right to declare that all that’s needed to change the site’s CC&Rs is approval by 30 percent of all homeowners.
The Conservancy maintains that the course is subjected to the CC&Rs governing the entire HOA and that and change in land use requires approval by 75 percent of all homeowners.
Superior Court Judge Daniel Kiley last week was forced to postpone at the last minute an Oct. 1 hearing on the Conservancy’s request for a preliminary injunction that would have stopped the board from doing anything with CLS or The Edge for the rest of this year.
Kiley rescheduled the hearing for Oct. 21 because of a personal emergency involving one of the lawyers in the case.
The Conservancy is asking for the injunction pending a hearing in February on its claim that the board had no right to assume the site’s declarant rights.
Kiley also has to rule at some point on the Club West HOA board’s request for dismissal of that lawsuit. The board says the Conservancy has no legal standing to challenge it.
Hinz’s message to homeowners also said the board’s “communication with the owner has been limited to notification of violations and associated fines and fees where appropriate."