I gave my thoughts on this issue in another thread on the subject but I think it is worth repeating here:
The real question that should be answered is whether or not the Developer has the right to charge individual Villagers for specific services that are an integral part of the Amenities, rather than making them part of the Monthly Amenities Fee that everyone shares.
Recently I uploaded a transposed copy of the Declaration of Restrictions for the Lake Sumter district which I had converted into a searchable PDF. It is posted in the Nuts and Bolts forum for reference purposes when discussing covenants and restrictions here in TOTV.
Section 4.1 – C of that contractual document states that:
“Each Owner agrees that as additional facilities are requested by the Owner, and the erection of such additional facilities is agreed to by the Developer, that upon a Vote of ˝ of the Owners approving such additional facilities and commensurate charges therefore, the monthly Contractual Amenities Fee provided for herein shall be increased accordingly.”
Now the question is, what is the definition of a facility. Dictionary.com defines it as:
a. Something designed, built, installed, etc., to serve a specific function affording a convenience or service.
b. Something that permits the easier performance of an action, course of conduct, etc.
Now if that doesn’t describe the on-line reservation system, I don’t know what does. I’m not a lawyer but I think that a reasonable argument could be made for the idea that charging a separate fee for the use of this new facility is a breach of the contract that the developer signed with each Villager.
The representatives of the developer are always quick to point out that the amenity fee is not a tax, but is instead a contractual obligation and is subject to the terms as stipulated in the Declaration of Restrictions. OK, fine, but it's a two way street.
When it comes to anything having to do with the identified amenities (exec courses and rec centers), you really owe it to yourselves to make sure that the developer colors inside the lines.
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