Homeowners’ attorney files proposed Lakes renovation plan

Homeowners’ attorney files proposed Lakes renovation plan

Homeowners’ attorney files proposal outlining plan to restore golf at Ahwatukee Lakes Golf Course

Jan. 29, 2018

The attorney for homeowners who prevailed in their lawsuit to uphold the CC&Rs protecting the Ahwatukee Lakes Golf Course has submitted a plan and timetable to bring back the owner-neglected course to playable condition. The plan and timetable await the final approval and signature of Superior Court Judge John R. Hannah, who ruled in favor of homeowners on Jan 2. The document, a judgement and order for a permanent injunction, basically spells out what True Life must do to bring the course up to its playable condition of May 2013 and a procedure for monitoring progress.

The judgment and order are not final until signed by the judge. The True Life Cos., the current owner of the course, has until Feb 8 to respond to the filing by the homeowners’ attorney, Tim Barnes. The court documents are available to view or download at the end of this article. True Life also has the right to appeal the ruling.

The proposed judgment proposes that the court hire Kip Wolfe, a golf course construction manager with the firm Pro Turf International Golf LLC in Henderson, Nev., as “special master.” Wolfe has not been involved in the fight to preserve the CC&Rs on the golf course. The special master would monitor construction, evaluate progress, and report findings to the court. In a letter submitted to the court. Wolfe said that returning the Ahwatukee Lakes Golf Course to playable condition could cost its owners between $4 million and $6 million. He arrived at the estimate based on a thorough walk-through, but the actual cost could vary significantly. Wolfe noted that the “core of the course is intact,” meaning that it would not require major grading. However, some infrastructure would need to be built: a clubhouse, pump house, storage areas, and maintenance building. A big variable for the cost is the water system. Because the water to the course was turned off, Wolfe could not determine which parts would need to be replaced. Wolfe’s letter estimates that the work could take 14 to 18 months after work begins.

During its campaign to change the CC&Rs on the golf course, True Life had claimed it would cost $14 million to restore the course.

The owner of the course would be responsible for hiring contractors and compensating them. The order for permanent injunction would also apply to future owners of the course.

Judgment and injunction
Exhibits A and B

Proposal for judgment and permanent injunction against golf course owners (Jan 29, 2018 court document)

Exhibits A and B to Judgment and Order for Permanent Injunction (Jan 29, 2018 court filing)