In a previous post (Issue 24 – Request For Questions) I asked for resident questions about the upcoming Issue 24 on this November’s ballot. I will be posting the questions I received with the answers. Please send questions to me at email@example.com or send them via the contact form.
Can we sell the clubhouse, the golf course business, (HOA retains ownership of the land), and add in the 19.2 acres the city tried to rezone 3 times to generate funds to pay off the clubhouse debt, (which everybody knows is the real issue, not safety forces pensions)?
No. If the City decides it is going to sell the golf course, “all right, title and interest” reverts back to the Ethan’s HOA. If there was a buyer willing to purchase the golf course then the HOA would be entitled to exercise the deed restriction (see this answer) and the HOA could sell and collect the proceeds. I cannot envision any scenario where a “Buyer” would purchase the golf course; new “Buyer” would not actually own the land they just purchased; City retains the purchase money and the HOA retains ownership of the land.
The City attempted to re-zone the property (19+ acres) on multiple occasions. Most recently, the commitment by Council was to do exactly what you suggest… use the proceeds from the sale of the re-zoned land to pay down the debt of the clubhouse. As you are aware, the re-zoning attempts have failed. At this point I would not support sending it back to the ballot.
The City specifically earmarked the Charter millage for Police/Fire pensions and Police/Fire capital. If Issue 24 passes, those funds will not be available. This is a fact. The absence of the millage will require the City to fund pensions and capital out of the General Fund.