Corporate Greed and a Community Held Hostage

I’m here to fix something horribly broken, unquestionably unfair, and as I’m on the path to confirm via litigation – truly unconscionable and illegal. While suing a billion-dollar company so that you don’t have to be a member of a country club is very much a first-world problem, this particular situation is representative of sheer corporate greed and abject failure of government that impacts everyone. This will stop.

Imagine being forced into an agreement you never signed up for—one that continually takes more from you while giving less in return. That’s the reality many of us face in our community, where a private, for-profit club owned by a subsidiary of ClubCorp (aka Invited) has a stranglehold on our homes, our finances, and our futures.

Residents have purchased in Anthem Country Club for various reasons – some simply because it’s gated and more maintained, some appreciate the convenience of the facilities, and some are die-hard golfers. The vast majority did not purchase here to provide welfare to an unchecked corporate entity with the power to unilaterally raise fees, change rules, and even place liens on our homes. What started for me as $88 a month in club dues 20 years ago has skyrocketed to $310. Meanwhile, HOA assessments, which were $133 a month and are now $177, have seen much lower growth. To put it simply, over that same time period:

• Club Dues Growth: Increased by 252%
• HOA Assessments Growth: Increased by 33%

   

This means that while our HOA fees have grown moderately over time, our club dues have skyrocketed at an alarming rate, far outpacing any reasonable expectation of cost growth and dwarfing inflationary considerations, nearly two-fold. To make matters worse, the club routinely reduces services in the summer, prioritizing profits over the needs of our community. And why shouldn’t it? The Club has no obligation to perform. If it were like any other community club, membership wouldn’t be mandatory or homeowners would have control and/or ownership over The Club.

Just because a contract exists doesn’t mean that its terms are lawful. Contracts can be unconscionable when one party has an overwhelming advantage, and the other is left with no reasonable choice. In our case, several elements stand out as particularly unconscionable:

• Unilateral Power: The club can change its policies at will without our consent, leaving us with no say in decisions that directly affect our lives and finances.
• Involuntary Liens: The club, a for-profit entity, can place liens on our homes and even foreclose due to unpaid dues—rights reserved for homeowner associations, mechanics and materialmen, judgements, taxes, and child support – not for a for-profit entity masquerading under the privileges of an association, without the obligations to the community.
• Vague and Misleading Arrangement: The arrangement is so unclear and counter to the norm that even the realtor who sold me my home 20 years ago still thinks that the HOA controls the club. Other realtors, newer to the area, often confuse the club dues and HOA assessments, assuming that the HOA has control over the club. This confusion only adds to the challenges we face as homeowners.
• No Obligation to Perform: Per the “contract”, The Club has no performance obligations and, if interpreted strictly, can simply charge dues while keeping the doors closed, as long as they are owners of the property.
• Unreasonable Exit Clause: The only way for us to exit this agreement is to sell our homes. In today’s market, with sky-high interest rates and escalating property prices, that’s simply untenable. Some homeowners want to sell solely because of the club, but financially can’t do so due to the prohibitive costs of buying a new home at today’s rates. Meanwhile, The Club refuses to revoke memberships for reasons outlined in its own policies, yet they refuse to do so, solely so they can collect more fees.

What makes our situation even more alarming is that this appears to be the only arrangement of its kind that multiple attorneys, residents, and experts in the field can find. While there were two similar arrangements in the past, both were litigated, and the mandatory membership was removed through settlement or other means. A respected expert in club management was shocked by our situation, stating he had never seen anything like it and called it “worse than being at the mercy of the board.” This is not just an inconvenience; it’s a blatant abuse of power. 

We’re asking for your help to fight back. Our legal battle against Anthem Golf, LLC and ClubCorp (aka Invited) isn’t just about one community—it’s about holding corporate giants accountable and ensuring that no one else has to face the same injustice. Your support can make a difference. By donating to our cause, you’re standing up for fairness, for our community, and for the principles that protect homeowners everywhere.