Legal

Preliminary Injunction 10/23/13

Preliminary Injunction 5/12/14

FINAL JUDGEMENT OCTOBER 27, 2014

HISTORY OF POA AND COUNTRY CLUB

On Wednesday Nov. 18, 2015 Judge Page ruled that the election shall proceed
and be conducted by Dec. 28, 2015

The judge ruled that Sections 20 to 25 shall vote and a colored ballot will
indicate those section’s votes.

The ruling on the declaratory judgment will be decided later. Possibly as late as
March 2016.

Note: once the order is issued any updates will be posted.

MR. TUCKER IS RESPONSIBLE FOR THE SPECIAL ELECTION AND IT IS FOR HIS BENEFIT
636-789-4466
PROS & CONS

PROS

  • Raintree continues to have the Club and golf course available
  • Property values are presumably bolstered by the status boost afforded by the Club.
  • Property might be more marketable once the Country Club issue is settled.
  • Unlimited golf and club amenities are available to all property owners at a modest cost. Current Country Club members in all sections will pay the same annual amount for the same amenities.
  • Sections 20-25 are no longer forced to pay whatever annual membership fee the Club chooses.
  • All of Raintree is subject to the same membership cost per lot which should eliminate existing internal strife.
  • More people might want to live here if we become a community again. The large contractor property owners might also start building, resulting in more revenue for the POA.
  • A media blitz in St. Louis newspapers and surrounding counties by the POA could increase Raintree values as has happened in other communities.

CONS

  • Sections 1-19 and the Forest will become required to pay a membership they did not sign a contract to accept although many, obviously, are already members.
  • The POA is required to pay for and do all the collection for the Club’s membership dues. The bookkeeping and accounting will require more work for the office staff, for which the POA will not be reimbursed.
  • The POA could be deemed accountable to pay the Club for assessments not collected.
  • Lot owners with multiple lots will be forced to pay multiple Club memberships.
  • Lot owners might abandon their property due to increased assessments resulting in lost revenue for the POA.
  • The increased cost will make it even more difficult for the POA to get the assessment increase so desperately needed to maintain our infrastructure, while the Club increases the amount that must be collected on their behalf by the implementation of an annual COLA up to 2%.
  • The POA has no power to discontinue the contract unless the Club agrees. All contracts signed by the POA are usually short term and for services and not memberships. The majority of the services supported by the assessments benefit all POA members.