How do you properly ensure the perpetuity of a “community residents’ club” within a golf clubhouse?

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How do you properly ensure the perpetuity of a “community residents’ club” within a golf clubhouse?

If you live in a golf course community that is building a golf clubhouse with an attached residents’ club in the same physical structure, how can residents be ensured that when they pay an initiation fee that the residents’ club will be in existence in perpetuity, whether or not the golf clubhouse is sold to a third party?

Asked on July 30, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The only way that one can be assured that a community resident's club will continue to remain in perpetuity is for there to be a recorded document to that effect signed and dated by the onwer of the property where the club is located stating such a restiction is placed.

For that to happen a qualified real estate transactional attorney should be consulted to draft up such a restriction for recording in the county recorder's office.


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