Real Estate News, North Carolina

Cummings Cove Property Owners File Lawsuit Against the Club

Hendersonville NC Cummings Cove Entrance
Published on November 2, 2012

We’ve been informed from a number of property owners at Cummings Coves located in America's Friendliest City that the gated community is clearly divided over the recently mandated club membership. On October 4, 2012, fifty-five property owner’s at Cummings Cove banded together and filed a lawsuit against Cummings Cove Company LLC and the Cummings Cove Golf & Country Club protesting the amended covenants which requires all property owners to become club members, at least as a social club member. This was the original intent back in 1985 for buyers purchasing Hendersonville NC real estate at Cummings Cove. But prior to March 2012 when this new amendment was filed, the real estate developer had relaxed the requirement to induce lot and home sales to compete with Asheville golf communities. Why the change? I suspect for three possible reasons:

  • Is Cummings Cove Golf & Country Club running in the red? Golf clubs have been challenged during the past decade to keep their checkbooks in the black, as golf has become no longer priority with the Generation X, Y and the Millennium generation, like it is with Baby Boomers. Instead of forcing club membership on budget conscious retirees, would it have been a better idea to open up the club like Laurel Ridge Country Club in Waynesville NC or other Asheville golf communities?
  • Maybe the club is starting to recognize the need to update and renovate their amenities and is looking for full financial participation from its own property owners. Is that wrong? We say no. Homes on or near a golf course benefit financially by being associated with a beautiful golf club. Homes can be sold for higher prices and can be more desirable than homes in a non-gated community. We believe the real issue here that initiated the lawsuit between Cummings Cove property owners and the club may be in the way membership was presented to property owners. Like with special assessments, unexpected financial impositions are rarely well received, especially if they’re long term. 
  • Is the Hendersonville NC real estate developer trying to shift the financial burden of the developer owned lots, so he can hightail it out of there? After all, this project has been going on for 26 years. It’s kinda hard to believe that there is developer-owned unsold Hendersonville NC real estate.

When we ponder about why property owner's wouldn't want to join their own club, what comes to mind: Is the food good, are the staff friendly or are the food prices too high and could it be that simple of a problem to fix?

We're sad that there’s conflict at Cummings Cove Golf & Country Club and hope for a quick resolution. As we've said before about property owner's filing lawsuits, the amount of money property owners will spend on legal fees by giving lawyers a blank check, would have been money better spent investing back in their own gated community. You’re welcome to leave a comment and share your thoughts.

Until the dust settles, why not take a look at these Asheville golf communities to compare.