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Golf Course CommonArea

Our community has a golf course that (i believe) is designated as common area that is owned by the HOA. The course charges an annual fee or daily fee to play golf. Since the course is HOA common area, can non paying the members be prohibited from using the course for other than golf such as just walking on it. Seems that they are discriminating between HOA members since the HOA fees pay for course maintenance. Any opinions or information appreciated here.

1 Response

  1. DennisL

    Gerald,

    I’d have to see the actual language in your CC&R’s to answer this question correctly. In general all common property is for the use and enjoyment of all members. As such you may have to pay a fee for playing golf but any homeowner should be able to walk the cart paths whenever play is not in session. I assume that your community is an HOA so you have to remember that the association actually owns the common property and as such they are entitled to create any rules they want for the use of that common property. While you pay to maintain that property homeowners have no ownership rights in that common property. If you are a condominium the situation is totally different because the unit owners own all the common property in common with all the other unit owners. An association in that case could not deny you access to property that you own.

    Dennis

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