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About Restrictive Covenants

One of our neighbors, Laura Latt, sent in this interesting comment. Posted with her permission.

Name Laura Latt
Questions or comments? I realize the main goal is to stop the rezoning of the golf course.  But, can that stop these new owners from letting the golf course go until they get their way.

I found a case where they discuss Implied Restrictive Covenant where no written agreement exists between the homeowners and the golf course.  When various easements and restrictions are placed on homeowners because of the golf course then it can be legally viewed as an Implied Restrictive Covenant and the golf course has to continue operating as a golf course

http://www.dominalaw.com/documents/skyline-v-broekemeier-decision-12-08.pdf

http://hooverslovacek.com/wp-content/uploads/2016/01/Golf_Inc__Article_Feb_2013.pdf

The courts will also look at how the properties were advertised at the time they were sold to determine if an implied restrictive covenant exists.  Was the golf course used to lure buyers or the golf course was there for their benefit?

One advertisement I found for Country Club Park Subdivision states ” Live on a Golf Course

http://suburban-lifestyles.blogspot.com/2008_05_01_archive.html

Just thought this was interesting and wanted to share it with you

{ 2 comments… add one }
  • Julie July 21, 2016, 6:34 pm

    Nice work, Laura.

    At the time they were built, the subdivisions around the golf course went by the names of “Country Club Park”, “Fairway Hills”, and the “Rancho Ramon Fairway Series,” and the golf course indeed was used as a selling feature in newspaper articles and advertisements. One ad in the Hayward Daily Review, for instance, said about the Rancho Ramon Fairway Series (Thunderbird Place, Thunderbird Drive, part of Olympia Fields):
    “Outside
    A beautiful golf course
    Inside
    Shapell quality

    Only a few of these premium homesites are still available. And this may well be your last chance to enjoy superb Shapell design and quality along with a scenic country club view! Purchase your spacious 3, 4 or 5 bedroom home now and you’ll also receive a complimentary three months’ full golfing membership at beautiful San Ramon Country Club.”

  • Laura July 24, 2016, 2:48 pm

    Thank you. It is nice to find that some homeowners were able to force golf course owners to continue operating the property as a golf course.

    Sadly, it may take legal action to force these new owners to continue operating the property as a golf course. Lawsuits are costly and there are no guarantees for a favorable outcome. Additionally, sometimes the courts orders the losing party to pay for all the fees and costs of the winning party.

    It may be interesting to see if the golf course has any easements on homeowners land and if the golf course put any restrictions on any homeowners property.

    It may be beneficial to gather as many old newspapers, flyers, etc that advertised these lots as benefiting by living on the golf course. Maybe, the San Ramon Historical Society may have these items.

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