The golf course and neighborhood were
developed together but have no legal connection, and most of
the homeowners aren’t club members.
Still, the association’s board objected to the developers’
plan to close the course, saying the lots they bought were
advertised as being in a golf course community.
In their lawsuit, filed in April 2016, they said the
covenants, conditions and restrictions (CCRs), recorded in
1992, guaranteed that a golf course will continue on the
The case went to trial in January 2017, and in May 2017 a
judge ruled in favor of the club owners. The association has
appealed, seeking to overturn the decision. It also is
appealing the award of legal fees, said Chris Tingey, the
In February 2018, Tokarski and Kelly filed a separate
lawsuit against the homeowners association and each of its
six board members.
They say the board members, all of whom own golf-course-view
homes, illegally used the association’s reserve account to
finance the first lawsuit. That bankrupted the association,
raising monthly assessments for other property owners,
including Tokarski and Kelly, the lawsuit says.