ABM HOMEOWNER ALERT!

Do Not Sign Consent Form

to Change Golf Course CC&RS!
Aug. 1, 2016

Dear Neighbors:
We have GOOD NEWS regarding The Lakes Golf Course lawsuit.
After 18 months of legal wrangling, on May 10, Judge John Hannah of the Superior Court of Maricopa County ruled in
favor of Linda Swain and Eileen Breslin in their lawsuit against The True Life Companies (TTLC).
The judge ruled that the golf course CC&Rs specify that The Ahwatukee Country Club and The Lakes golf course
properties may be used for golf and golf-related purposes ONLY. This is a crucial ruling because TTLC was arguing they
had not violated the CC&Rs by refusing to maintain and operate the golf course.
The written ruling, issued on July 15, states the CC&Rs "requires the operation of a golf course on the subject property for
the benefit of those described in the document as Benefitted Persons." The benefitted persons are all of us who pay an
assessment to the Ahwatukee Board of Management.
A TTLC executive recently said that if a permanent injunction is issued, TTLC will appeal. In the meantime:
The only OTHER way that TTLC can legally change the CC&Rs
is if a MAJORITY of ABM homeowners agree to a change in the CC&Rs to permit development.
That's what TTLC may try next. Pulte Homes tried to obtain consent to change the CC&Rs in 2014. Aggressive agents
went DOOR TO DOOR to ask homeowners to sign consent forms to allow development. Some agents told homeowners
that apartments or a Walmart would be built on The Lakes property if homeowners didn't accept a Pulte housing tract.
If you want to maintain the lifestyle you chose when you moved into Ahwatukee, this fight to change the CC&Rs should
matter to you. Changing the CC&Rs will totally change our community. Apartments are zoned to be built on land needed
for flood control and recreation. The choice is up to you: do you want increased traffic, noise, air pollution, lower property
values, higher taxes, overcrowded classrooms, higher risk of flooding?
Please DO NOT SIGN any document presented to you by TTLC or anyone else if you care about our community!
The existing CC&Rs give us all the protection we need. The Superior Court has ruled in our favor twice and we expect to
prevail if TTLC continues to refuse to abide by the CC&Rs. Furthermore: any promises TTLC makes will not transfer to a
new owner, should True Life sell. Our only protection is the CC&Rs the judge has already affirmed.
Jeffery M. Hall
480-390-7490
Related news: On June 28, the Foothills Club West HOA filed suit against golf course owner Wilson Gee for violating
the Club West golf course CC&Rs.

Let's stand together to Save Open Space in Ahwatukee.