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 firstname.lastname@example.org or send them via the contact form.
Why doesn’t the City just sell the golf course?
The Deed for the golf course from the HOA to the City of Twinsburg contained a provision titled “Possibility of Reverter”. This means that if the City decides to stop operating the golf course, or decides to sell the golf course, the property shall revert back to the HOA free and clear of any encumbrances. This means the City would not have the course but still have the financial obligation. The relevant portion of the Deed is at the bottom of this answer.
It has been suggested that the City should negotiate the removal of the Deed Restriction with the HOA. Although possible it is not likely in this situation. Both sides must have a desire, and more importantly a motivation, to remove the reversionary language. In doing so, the HOA would be forfeiting tremendous leverage to control the ongoing existence of a beautifully maintained golf course surrounding their member’s homes. The City on the other hand would have no guarantee that it could recoup its investment in the property.
All that being said, even if the City no longer owned the golf course and clubhouse it would not change the fact that additional revenue is needed in order to maintain the other existing services for the residents.