The Villages – Recreational Facilities
I am not a legal professional, so I am not sure my opinion would count for much. That is why residents need you and your colleagues to guide and help them. However, I am willing to offer an opinionated clarification:
AMENITY RECREATIONAL FACILITIES:
Include all “ASSETS” throughout The Villages promised by the Developer to be set aside for use by all residents and their guests; and funded by the monthly Amenity Fees paid for by the property owners in accordance with an “Agreement” they signed with the Developer when they purchased their property.
These “ASSETS” include parks, recreation facilities, executive golf courses, gates, postal facilities, etc., located between CR42 at the northern end of The Villages, down to Fenney and beyond at the southern end of The Villages. Ownership of these “ASSETS” are under the jurisdiction of:
- All Residents of The Villages, represented by the Amenity Authority Committee (AAC) living north of CR466,
- All Residents of The Villages, represented by the Project Wide Advisory Committee (PWAC), (south of CR466 down to CR44), and
- The Developer of The Villages, represented by The Villages of Lake-Sumter, Inc. (VLS), (for all “Amenity Facilities” not yet sold to the residents).
NON-AMENITY RECREATIONAL FACILITIES:
Includes “ASSETS” throughout The Villages promised by the Developer to be set aside for use by all residents and their guests; and funded by various levels of membership and usage fees.
These “ASSETS” include all Country Clubs, restaurants, championship golf courses, driving ranges, practice putting greens, swimming pools, tennis courts, pro shops, etc.; located between CR42 at the northern end of The Villages, down to CR44 at the southern end of The Villages.
All residents automatically become basic “Members” of each and every Country Club in The Villages at no additional cost. With this membership, they enjoy the privilege and are entitled to play golf at any of the Country Club golf courses at a discounted usage fee, lower than the general public fee, (upon presenting their Villages ID card), and eat at the Country Club restaurants.
Residents also have the privilege of purchasing various levels of “Premium Membership” packages to use their designated choice of Country Club golf courses at greater discounted usage fees; and to use their designated choice of “Restricted Premium Members-Only” swimming pools and tennis courts.
Ownership of these “ASSETS” are under the jurisdiction of The Developer of The Villages, represented by The Villages of Lake-Sumter, Inc. (VLS).
KATIE BELLE’S RECREATIONAL FACILITY:
Was a two-story restaurant located on the downtown Square of Spanish Springs, in The Villages; promised by the Developer to be set aside for use by all residents and their guests. The facility featured a restaurant, dance hall, and live entertainment located on the main floor; and an upscale restaurant called the “Cattle Barron’s Club”, located on the upper level, which had a large balcony on all four sides, overlooking the dance floor and stage on the lower level.
It is important to note that this facility was a restricted “Residents Only” facility. It was NOT open to the public, and residents had to present their Villages ID Card in order to gain admission to the facility for themselves and their guests.
Doesn’t a country club with a restaurant, pool and tennis courts count as a “recreational facility”? If so, they must be provided in perpetuity and I suppose Judy thinks the developer will not be doing that with his new apartment plans.
Answer: Yes. They should count as recreational facilities, because they were part of the Developer’s promises through his marketing, words, deeds and practice for several decades. So, the Developer should also be providing them in perpetuity.
Furthermore, Judy is right to be concerned, because the “2020 Amendment” to the “2015 Agreement“, approved by the AAC, does not mention a restaurant or tennis courts, (just sports courts, which could be anything, even bocce ball or shuffleboard courts); and there are no specifications about the size of the resort-style pool. Hacienda Hills Country Club (HHCC) had a large resort-style pool, hot tub and pool-side bar with food and beverages; plus a full-service restaurant.
Even if he does build recreation facilities there, the Developer will have total control of their use and availability. For example, he could restrict use of the restaurant and recreation facilities to the residents in the apartment building on a priority basis. Then provide use to the general population of residents, limited to only an hour or two.
In fact, if the Developer changes his mind and decides NOT to build the apartment complex at the HHCC location, under the “2020 Amendment” the Developer is not obligated to build any facilities at that site or any where else, but still gets to keep the 286 Amenity Fees.
Note: At this point, based on recent news reports, it sounds like the Developer may build at least some, if not all, of the apartments at other locations north of CR466.
These recent actions by the Developer infringe on the rights of all 130,000+ residents living in The Villages, because every single one of them are entitled under the “Purchase Agreement Declarations” of their property, to use ALL the Recreational Facilities!
Amenity Authority Committee Member
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