Described as a scenic backdrop to many of the homes in the area, the Snowflake Community Golf Course and the Declaration of Restrictions of the Snowflake Country Club (SCC) properties on the golf course are at the center of a controversy between the SCC homeowners and the golfers who average 29,000 rounds a year; a controversy that was brought before the Snowflake Council on Sept. 4.
Before the discussion began, Councilmen Greg Brimhall and Byron Lewis, recused themselves at the advice of the Town Attorney Robert Hall. Brimhall is an officer of the development company for the SCC and Lewis owns a lot at the SCC.
At the heart of the discussion was Item 10 of the Declaration, which states: “The rear 20 feet of all lots bordering any golfing fairway are subject to the right-of-way of golf players who are in the ‘rough’ during their normal course of play and are otherwise to be used and enjoyed by the property owner.”
In her address to the council, Angie Willis with her husband Mike Willis, who recently moved into the home they built on the golf course, brought up two major issues revolving around the “rough” which travels 20-feet into their rear property line.
The first was whether the right-of-way gave golfers automatic access to their property and the second was liability in case of injury while accessing the homeowner’s property.
“Not everyone needs a wall and not everyone needs a net to protect their property from the balls,” said Angie, but nothing could have prepared her for the number of balls and golfers that would be a part of her new life at the SCC. “We totally expected stray balls and golfers coming to get their balls. But since March we have been hit about 100 times. Our kids have been hit; our dog has been hit. Balls even hit our front yard and our cars get hit. We can’t go outside, you have to watch the balls if you go outside.”
As a result, the Willis’ have started a petition to have Line 10 removed from the Declaration, a permission they believe is given to them through Line 18, which indicates that a vote of 65 percent of the majority of the then owners of Lots 58-78; 87-106; and 122-138 in the Snowflake Country Club Properties Amended subdivision, can change the covenants in whole or in part.
Golf Course Superintendent Terry Cooper said that the golfers are raising concerns for the playability of the course should the “rough” be impeded. “The Men’s Club of the golf course is not opposed to netting being put up by the homeowners, but if the ‘rough’ is reduced or restricted, it will negatively impact the playability on the course, which will impact revenues.”
Cooper also noted that the right-of-way for the rough is marked by stakes and that the golfers should not be imposing on the homeowners.
Doug Brimhall, a local developer, shared, “In 2001, when we recorded the declaration, it was between the developer and the homeowners.”
Mayor Johnson said, “We are taking this seriously. It behooves us to look into this situation, although it is not something that will be resolved this evening.”
Hall agreed, “This is not a simple question. The issue of liability runs with the contracts, which can impact real estate sales.”
Mayor Johnson suggested that the homeowners seek legal counsel as well. “Obviously, you can also pursue your petition.”
No action was taken by the council at the meeting, other than the promise to further review the matter.
The next meeting of the council will be at 7 p.m. on Tuesday, Oct. 2, at 81 West First South.
