Legal real estate question

[GAGunguy]

Any real estate lawyers on here that can look at a document for me? I can pay for your services. Its an agreement that my neighborhood club wants us to sign in order to belong to the pool and tennis club. We paid last year, and enjoyed the pool, but the guy that runs the club is saying we need to sign a document or he is going to return our check. My wife didn't sign it last year, she wasn't sure what it meant (good decision on her part.)

It reads to me that we are agreeing to a permanent/lifetime membership and they attach the payment to your property, so non-payment could be uses as a means to attach a lien on your property. One of the neighbors complained that one of the guys running the club attached their property when they didn't pay one year.

The pool is run according to the GA guidelines, which are strict. We have lifeguards and any doodoo happens, they close for 24 hours. I am wondering if GA could close pools for corona, and we've wasted the yearly fee....

Other questions: Is this common to demand a attachment to your property for a neighborhood club? Seems kinda douchey to me....

We don't have a HOA and I don't want to have any association style encumbrances on the property if we can avoid it.

Thanks.

 

[BillsCamino]

Oh hell NO !!!!

 

[Nuke And Juke]

Im gonna weigh in here...NOT a lawyer but have seen many many real estate documents.

1) It aint worth it. Any documents protect them, not you
2) If you really want a pool, install your own or
3) Take your kids to a water park 3-4 times a year and they wont want to be a part of any pool
4) They are extending their pool to you because they need your money. It doesnt mean that money has to go to the pool or pool repair.

Your gut instinct will save you money, and money from paying a legal real estate attorney. I would agree to pay and use but not signing jack

 

[GeauxLSU]

If I'm understanding what you are saying correctly, that is a common tool used to convert a neighborhood to a mandatory HOA over time. We did it at my last neighborhood. It saved the neighborhood, literally. Who owns the pool? I'm guessing there must currently be a voluntary 'HOA' even if all it contains is pool membership?

 

[AR-Trvlr]

FYI, it's possible that your pool will not open this summer. I'm on the board of our neighborhood pool, and we're struggling with the issue.
1) Dekalb County Health Department has to certify our pool before we can open, and we have no idea when they will restart certifications.
2) Life Guards have to be certified every year for CPR even if they have a multi-year life guard certification. The red cross isn't doing certifications right now, and no idea when they will restart. And even once they restart, it will take time to run everyone through.
So it's not just a matter of the board wanting to open the pool.

 

[whiskerz]

I would pay a lawyer to read that. My GF is a an older HOA neighborhood where the pool is separate and voluntary. You sound like you are about to be forced into the pool forever

 

[GAGunguy]

Thanks guys. We don't mind paying, and even are willing to pay if the pool isn't open until August. That being said, I don't want to be forced to pay, especially in perpetuity.

 

[StuP]

Get that legal review before you sign.

 

[gh1950]

If I'm understanding what you are saying correctly, that is a common tool used to convert a neighborhood to a mandatory HOA over time. We did it at my last neighborhood. It saved the neighborhood, literally. Who owns the pool? I'm guessing there must currently be a voluntary 'HOA' even if all it contains is pool membership?

This is the threshold question that has to be answered. Probably require some time in the deed room.


P.S. I'd like to see the "lien" they attached to the other guy's property, as liens on real property are highly regulated, and impairing an owner's title (wrongfully attaching a lien) can have serious consequences.