Dear Spring Run Member,
In February, the Board ratified a motion from January to reaffirm its support for the “Delegation of Use” policy of the Declaration, Section 15.4, which states that “Any Owner which leases his or her Unit shall be presumed to have delegated his or her easements and rights to use of the Club Facilities to his or her tenant or occupant, and such Owner’s easements and rights to use shall be suspended during the term of the lease.” The motion also carried with it a clause to “grandfather” a group of members who currently have leases to social members this season, with no specified period of time to remain on the list. While this issue was approved February 28, 2013, a new motion came up in March to place a time limitation on compliance of this rule. In other words, while the February motion was presumed to only be limited to the future sale of the unit, this new motion placed a deadline for compliance of Oct, 2014.
This motion has been posted for 30 days for members and will be voted on at the April meeting to either ratify it, amend it, or deny it. That said, it appears that the ability to remain on the list may be dictated by the duration of the current lease, not by the Board’s recommendation on adequate time to comply. Per an explanation from the Club’s counsel, an owner renewing an annual lease with the same tenant does not constitute a new lease, and therefore, would allow the owner to stay on the list. Any owner with a seasonal lease, even if they sign that same tenant up next year, is creating a new lease, and therefore not eligible to remain on the grandfathered list once the lease expires.
It is important to note that the owners with Social transfers are losing club privileges ONLY for the duration of the lease. Then they have their full rights and privileges once the lease is over.
The transfer member issue has come under scrutiny over the past couple years as more owners have retired to spend more time in Spring Run. This situation creates more demand for tee times, while the supply of available tee times stays the same. Owners who had social member leases had continued to maintain their privileges, as they had done in the past when there was no such thing as a social membership…they had simply not “transferred golf” with the association. A Transfer Member Task Force was appointed to research this issue in depth. One thing they reaffirmed was the need to either follow or amend the documents, as our policy and rules were not aligned. The question now has become: did the owners ever have the legal right NOT to “transfer golf”?
What is best for the Spring Run Golf Club community? On one hand, the legal issues appear clear. If you lease your unit, you have delegated your rights and privileges in Spring Run. On the other hand, certain owners in Spring Run have enjoyed privileges in the Community, which are not permissible according to the Declaration, but was permitted by the Club which never questioned the practice. While these members have a longstanding stake in the Community, the privileges were never really permitted in the first place.
One option is to propose an amendment to the Declaration to be sent out to the membership for a vote. Passage would require a 75% affirmative vote of the membership.