When one buys a lot in Indian Hammock, he becomes an OWNER. He holds a “Fee Simple” deed to his PROPERTY.
Each OWNER undertook to become a MEMBER in Indian Hammock Hunt and Ridding Club (the CLUB).
When an OWNER becomes a MEMBER in the CLUB, it makes him subject to the CLUB’s administrative rules and regulations; it also gives him RIGHTS in the CLUB’s PROPERTY, the COMMON AREAS
On the other hand, being a MEMBER in the CLUB does not give the CLUB any RIGHT in the OWNER’s PROPERTY.
Federal and State Property Laws protect the OWNER’S EXCLUSIVE authority in his PROPERTY.
The OWNER’s RIGHTS are only restricted by the County zoning and usage codes and the CLUB DEED’s RESTRICTIONS.
In December 2020, the CLUB’s BOD adopted Rule 1-1 in its Book of Rules, stating the following: “The club shall have exclusive responsibility and authority in the management and maintenance of the Property, including Common Areas”
Rule 1-1 transfers all of the OWNER’s RIGHTS in his PROPERTY, granting them to the CLUB’s BOD.
The following is the legal definitions of EXCLUSIVE:
“Shutting out; debarring from interference or participation; vested in one person alone. An exclusive right is one which only the grantee thereof can exercise, and from which all others are prohibited or shut out. A statute does not grant an “exclusive” privilege or franchise, unless it shuts out or excludes others from enjoying a similar privilege or franchise.”
I call on OWNERS to join me in motivating the BOD to immediately remove Rule 1-1 from the current Book of Rules.