June, 2015 ACHOA Response to Homeowner Question:
As an ACHOA homeowner, why am I not allowed to walk on the golf course grounds? This property should be available for ACHOA homeowners to walk upon and use for our own personal use.
The 545 acres that make up “The Club At ArrowCreek” golf course is privately owned by the current owners the Friends of ArrowCreek, L.L.C. The FOA does not accept the liability for anyone walking on the golf course if hit by an errant golf ball or hit by a golf cart. The ArrowCreek Homeowners Association does not own the 545 acres and cannot provide homeowner access to the grounds of the golf course.
In addition, the ArrowCreek Homeowners Association CC&Rs are designed to protect the golf course private property and ArrowCreek Homeowners from injury. Please review and adhere to the restrictions within the CC&Rs.
Article IV CC&Rs Section 40. Nonresidential Areas Access.
Except as otherwise expressly provided in this Declaration., all access to the Nonresidential Area (Golf Course) from any Lot or the Common Area is prohibited for any purpose, whether it be jogging, walking, playing golf or otherwise, without the consent of an affected Nonresidential Areas Owner.
Article VII CC&Rs Section 6. No Right to Use.
Neither membership in the Association nor ownership or occupancy of a Lot shall confer any ownership interest in or right to use any Nonresidential Area. Nonresidential Area Owners shall have the right, from time to time in their sole and absolute discretion and without notice, to amend or waive the terms and conditions of use of the Nonresidential Areas (Golf Course membership rights) including, without limitation, eligibility for and duration of use rights, categories of use and extent of use privileges, and number of users, and shall also have the right to reserve use rights and to terminate use rights altogether, subject to the provisions any outstanding membership documents.