Club West Conservancy returns fire in suit against HOA board of directors

By Paul Maryniak | Ahwatukee Foothills News

With another hearing in Superior Court coming later this week, the fight between a nonprofit group of homeowners and the Foothills Club West Association board of directors over the future of the community’s golf course picked up more steam last week.

In a response to the board’s request that the court not issue a permanent injunction forbidding it from taking any action on the golf course, the Club West Conservancy last week said the board had no right without the approval of three-quarters of the HOA’s 2,600 homeowners to assume the declarant rights of the course.

The declarant rights give the board considerable influence in deciding the site’s future use. Using those declarant rights, the board can decide what plan for the course can be put to the homeowners for their approval or rejection.

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