ANTHEM GOLF & COUNTRY CLUBLAWSUIT

It’s been a while since I’ve provided an update. Given the holidays, wrapping up the end of the work year and spending time with people that matter (i.e. my children), I’ve not been particularly focused on this matter. That said, since  I last posted, The Club filed its Motion to Dismiss. After a couple of extensions, counsel filed their response (and a rather expensive one).

NOTE: Linked documents are available to confirmed contributors. If you have not received instructions for registration, please contact contact@agcclawsuit.com.

Notably, The Club didn’t cite any material legal issues in their Motion to Dismiss. This is addressed in the response, which addresses this fact before countering each argument they made, which really boils down to: “you waited too long.”

While there certainly are considerations for timing (and rightfully so), the claims that The Club has been disadvantaged as a result of any purported delay – particularly when there’s no reason they aren’t aware that this largely wasn’t discovered until their behavior during 2020 – is absurd. The only people that have been disadvantaged are the homeowners. The homeowners that are forced that subsidize a for-profit entity sitting in the middle of their neighborhood with zero control over it.

In fact, one may argue that The Club has actually benefited from this litigation. For example, as I was re-reading the Membership Policies and discussed with counsel, it appears that they actually aren’t constrained on raising rates well beyond 20% as has been the common understanding and refrain. 

This is because the clause capping increases is able to be unilaterally changed by The Club, without homeowner (or even member) approval. For that matter, they can remove the requirement of approval for that particular section anyway. This is either an unconscionable and unenforceable contract or the best business opportunity that they’ve been sleeping on. There is no middle ground.

More to come as this progresses, but the immediate need is, as it has been, funding. I received the most recent invoice a couple of days ago and it’s substantial, bringing the total in fees to approximately $31,000 – of which, I have paid all but approximately $1,700 or so. For those that have contributed so far – thank you! For those of you that have said “we support you”, “you’re doing the right thing”, etc. – I encourage you to take action. Words, at the end of the day, are not effective against a $1B+ company and it’s nearly $500B parent company.