top of page

VOTE NO
ON THE PROPOSED FOURTH AMENDMENT TO THE FIREROCK DECLARATION.

vote no logo with url_edited_edited.jpg

To Voice Your Opinion on the Amendment

Clear here

vote no logo with url_edited_edited.jpg
Screen Shot 2022-02-04 at 10.00.38 AM.png
Screen Shot 2022-02-09 at 9.01.04 AM.png
Home
Petition Withdrawl.png

Letter to Delay/Withdraw

the Petition

Note: Although this letter indicates that the amendment has been pulled, it states that the Firerock Board of Managers intention is to re-submit the amendment as soon as they have investigated and completed further potential options. 

Clear here to view the letter

PROPOSED AMENDMENT STARTING TO IMPACT RE-SALES

If you think the proposed amendment will not have a negative impact on property values and re-sales a recent contingent offer is in limbo due to the possible mandated club membership requirement.  

Subscribe to our newsletter • Don’t miss out!

Thanks for subscribing!

FIREROCK FREEDOM OF CHOICE WHO WE ARE

 

We are just a group of your fellow FireRock homeowners who are opposed to the proposed Fourth Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements for Firerock Country Club and are dismayed by the actions of both the FireRock Golf and Country Club (Club) and  our homeowner’s association, the Firerock Community Association (FCA) proceeding with a vote on the proposed Fourth Amendment.  We are convinced that the proposed Fourth Amendment is not consistent with current law and if it passes, will be subject to litigation.  We are convinced that most homeowners are not carefully studying the actual legal document we are voting on - the Fourth Amendment - but are relying on the representations of the Club. While the Club may stand by its representations, it is the actual language of the Fourth Amendment which gives the Club powers over us and governs our future as homeowners and mandatory members of the Club. 

 

This website is a place to obtain complete information about the proposed Fourth Amendment and to communicate with your fellow homeowners.  

 

Please look under the Documents tab for more complete explanations and relevant documents. 

 

To chat with fellow homeowners, post comments and questions click here.

 

To volunteer to work with us to get the word out, please contact us

Vote No
Why we are opposed

WHY WE ARE OPPOSED TO THE FOURTH AMENDMENT IN A NUTSHELL

1. The proposed Fourth Amendment mandates that all homeowners who are members of the FireRock Community Association are mandatory members of the Club. We don’t think this is either fair or legal. It was not foreseeable when we purchased our homes.

 

2. Although Community Membership Contributions are specified to be $475 for single family homes and $50 for multi-family homes, the proposed Fourth Amendment gives the Club unlimited authority to set dues and fees, as well as Food and Beverage requirements, for mandatory membership and to determine use privileges of mandatory membership;

 

3. The proposed Fourth Amendment gives the Club complete discretion to determine the quality and level of services and facilities it offers to mandatory members and authorizes the Club to change it at any time. Voluntary members can quit, we have no recourse;

 

4. The proposed Fourth Amendment states that it cannot be changed for 13 years unless the Club agrees;

 

5. The proposed Fourth Amendment states that the Club has a lien on our property for Community Membership Contributions, transfer fees, dues, fees and other charges owed to the Club together with interest, late fees, costs and reasonable attorneys’ fees.

 

6. After 13 years, the proposed Fourth Amendment allows the Club to charge unspecified Transfer Fees on the sale of a mandatory member’s real estate which is a lien on the property;

 

7. The proposed Fourth Amendment allows the Club owners to sell the Club - we would then be mandatory members of a new, unknown Club; and

 

8. The proposed Fourth Amendment specifically prohibits our homeowner associations from negotiating on our behalf with the Club and requires us to deal directly with the Club, which disempowers mandatory members.

VOTE NO ON THE PROPOSED FOURTH AMENDMENT TO THE FIREROCK DECLARATION

 

As a homeowner living in the Firerock HOA area, you’re being asked to vote to approve a new Fourth Amendment to the HOA’s governing Declaration. This new Fourth Amendment mandates that all homeowners living within Firerock’s HOA area must also be members  of the Firerock Golf and Country Club (“Club”) and subject to the Club’s mandatory fees. Unlike Club members who live outside of the Firerock HOA area and who always have the option to quit the Club, all homeowners who live within the Firerock HOA area do not have the  option to drop their Club membership. The Fourth Amendment would give the Club very broad financial and legal powers over homeowners  living within the Firerock HOA area: 

 

1. Under the Amendment, you are subject to mandatory fees, including membership fees, transfer fees and initiation fees, assessed by the Club, regardless of whether the Club deteriorates, is sold, or  you never use any of the Club’s amenities. 

 

2. The Club will place a lien on your real estate for unpaid membership fees. 

 

3. The Amendment cannot be changed for 13 years. Even if the Club fails financially, or reduces services during the 13-year timeframe, you  as a mandatory member cannot resign your membership.  

 

4. Property values will be dependent upon the Club’s success or failure and be more difficult to sell due to mandatory club membership. 

 

5. The Club refuses to allow homeowners in the Firerock HOA to review financial records. Homeowners have no idea of how “healthy”  the Club is. 

 

6. The Amendment allows Club owners to sell the Club and mandatory members could not quit the Club but would be responsible for any  and all fees levied by the new owner.  

 

7. The Amendment specifically prohibits mandatory members from forming a group to negotiate with the Club. Instead, mandatory mem bers can only negotiate with the Club individually, further disempowering mandatory members. 

 

8. Mandatory Club membership was not disclosed or foreseen when we bought our properties, nor did our  realtors foresee it and the absence of mandatory membership was  confirmed by Firerock HOA when homeowners purchased  property within Firerock HOA. Many people bought their homes specifically because there was no mandatory Club membership. 

 

9. Most home lenders will not offer mortgages to future buyers of our Condominiums if the Firerock HOA requires membership in the club. This will depress our  home values and make it difficult to sell condominiums in the Firerock HOA area. 

 

These are only some of the  negative consequences if the Amendment passes. For example, the titles to properties will be tied up  in litigation for the foreseeable future as several Firerock HOA homeowners have made it clear that they would litigate if the Amendment is passed. This and the property  devaluations that may likely  result from the mandatory membership, the inability of potential buyers of condominiums to obtain conventional mortgages, and the unknown state of the Club’s financial situation will all combine to make our futures as Firerock homeowners tenuous. 

 

The Club owners are the sole financial beneficiaries if the Amendment passes because of the guaranteed income stream the mandatory memberships  will provide. The only thing the homeowners in the Firerock HOA will gain is 13 years of financial liability for the Club and uncertainty about the Club's future. 

Firerock Country Club has represented that the proposed Fourth Amendment would be revised to provide that there would be no transfer or initiation fees for 13 years, however, as of February 12, 2022 , the revised Fourth Amendment has not been distributed.

 

VOTE NO on the proposed Fourth Amendment.

INFORMATION SHEET ON THE PROPOSED FOURTH AMENDMENT
TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

You may have attended a presentation by the marketing consultants hired by the FireRock Golf and Country Club (FCC) regarding the operation of the mandatory community membership required by the recently distributed proposed Fourth Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for Firerock Country Club (“proposed Fourth Amendment”}. While the Club’s verbal representations of the new mandatory membership provisions may seem somewhat reasonable to you, the proposed Fourth Amendment is not reasonable, is overreaching on the part of the Club, which prepared the document, and is the document that will govern your future as a mandatory member. VOTE NO ON THE PROPOSED FOURTH AMENDMENT.

IF YOU ARE INTERESTED IN HELPING US GET THIS IMPORTANT INFORMATION OUT TO OTHER HOMEOWNERS, PLEASE SEND AN EMAIL TO: Firerockfreedomofchoice@gmail.com . WE NEED VOLUNTEERS TO GET THE WORD OUT ASAP!.

The actual language of the proposed Fourth Amendment gives FireRock Golf and Country Club authority over mandatory community members, without limitations, on MANY issues:

1. FCC WILL HAVE UNLIMITED AUTHORITY TO SET THE FEES FOR MANDATORY COMMUNITY MEMBERSHIP AND TO DEFINE WHAT SERVICES AND USE RIGHTS ARE INCLUDED IN THE COMMUNITY MEMBERSHIP. (Declaration, Article 3, Section 3) Although FCC represents that there will be two tiers of Community Membership fees, nothing in the fourth amendment provides for two tiers of membership and FCC has unlimited authority to determine community membership fees, may change the two tier membership approach and MAY INCREASE THE FEES FROM THOSE IT NOW ESTIMATES. Further, the FCC may impose INITIATION FEES on Club Membership. The Fourth Amendment does provide that annual increases cannot be in excess of 5% of the previous year.

2. FCC WILL CONTINUE TO HAVE COMPLETE DISCRETION TO DETERMINE WHAT FACILITIES AND SERVICES IT WILL PROVIDE. Nothing in the proposed amendment requires that the FCC provide minimum services and facility access in return for the mandatory community membership fee. If facilities and services decline, we have no recourse and must continue to pay the full fee, whereas voluntary members can quit.

3. FCC IS NOT REQUIRED TO CONSTRUCT ANY NEW FACILITIES. Nothing in the proposed amendment requires that FCC complete construction of any new facilities prior to mandatory community membership and prior to its collection of mandatory community membership fees. The Fourth Amendment provides that the FCC can collect mandatory Community Membership Fees as soon as the Fourth Amendment is recorded, which would typically happen a day or two after it passes, if it passes. The Fourth Amendment does not even mention construction of any new facilities at the FCC. So, while we have been told that new and better facilities will be constructed, and that mandatory community membership fees will not be imposed until the construction is completed, the proposed Fourth Amendment does not state that, and allows the club owners to impose fees as soon as it is recorded and does not require any construction of new facilities before mandatory fees are imposed. If the Fourth Amendment passes, FCC could decide not to proceed with the construction of new facilities and to impose mandatory community membership fees immediately, and we would have no recourse under the terms of the Fourth Amendment.

4. FCC MAY, IN ITS SOLE DISCRETION, LIMIT OR CHANGE USE PRIVILEGES. Nothing in the proposed amendment requires minimum use privileges for mandatory members. FCC may provide substandard use and services, and whereas voluntary members can quit, mandatory members have no recourse.

5. FCC IS AUTHORIZED TO CHARGE UNSPECIFIED AND UNLIMITED TRANSFER FEES ON THE SALE OF A MANDATORY COMMUNITY MEMBER’S REAL ESTATE. The Transfer Fees could be set at a percentage of the sale price, or some other formula and are a lien on the mandatory community member’s real estate. Mandatory Community Members have no input into setting those fees and no recourse. The TRANSFER FEES are specified in the Club Documents which can be changed at the discretion of the Club.

6. THE PROPOSED FOURTH AMENDMENT STATES THAT THE FOURTH AMENDMENT CANNOT BE CHANGED FOR 13 YEARS. So, once passed, we have no recourse for 13 years if FCC provides substandard services and facilities, or charges more than is reasonable for mandatory community membership, initiation and transfer fees. There is no recourse for club overreaching.

 

7. FCC OWNERS, IN THEIR SOLE DISCRETION, MAY SELL THE FCC. Nothing in the proposed amendment limits the right of the club owners to sell the club and the existing declaration gives the owners the unfettered right to sell. If that happens, we will then become mandatory members of an unknown club for the remainder of the 13 years and we will have no rights to any certain use privileges or services. If the proposed Fourth Amendment passes, guaranteeing significant income to the FCC, the valuation of it will certainly increase, perhaps enticing the owners to sell.

8. THE FOURTH AMENDMENT PROHIBITS MANDATORY MEMBERS FROM APPROACHING THE FCC AS A GROUP IN ANY FORM OF AN ASSOCIATION, AND REQUIRES THEM TO DEAL WITH THE CLUB AS INDIVIDUALS. The Fourth Amendment specifically states that no association of owners has authority to negotiate with the Club. WHY IS THIS TERM IN THE FOURTH AMENDMENT? Under the Fourth Amendment, we, mandatory members, have no power or protections and are subject to overreaching

by the Club. By this term of the Fourth Amendment, the Club wants to ensure that mandatory members are completely powerless by prohibiting them from forming a group to negotiate with the Club on any issue.

When most of us bought our homes (those buying after 1999) the Declaration in place which we relied on when we purchased stated “Ownership of a Lot, Unit, Parcel or any other portion of FireRock or Membership in the Association does not give any vested right or easement, prescriptive or otherwise, to use the Club Property, and does not grant any ownership interest or membership interest therein.” (Article III, Section 3(a) of the Declaration) It was not foreseeable that we would become mandatory members of the FCC. It is not fair, reasonable, or legal for FCC to force mandatory memberships on Firerock homeowners who choose not to be members of the FCC.

Additionally, if this proposed Fourth Amendment passes, there will be litigation against the Firerock Community Association which is our homeowner’s association. The homeowners will bear the burden of defending this indefensible Fourth Amendment which was not prepared by the Firerock Community Association.

Prepared as of January 31, 2022

IF YOU ARE INTERESTED IN HELPING US GET THIS IMPORTANT INFORMATION OUT TO OTHER HOMEOWNERS, please contact us at Firerockfreedomofchoice@gmail.com
 

We need volunteers to get the word out.

 

Also, if you want to see the current Declaration and proposed Fourth Amendment with the above referenced provisions highlighted, email your request to the same address above.

Info Sheet

DOCUMENTS

Documents
contact us
bottom of page