Members Cannot Opt Out

A 2010 notice suggest that members could opt out however, that is not the case. The 2010 notice based on a legal opinion while ACBC was operating as Admirals Cove Home Owners Association in 2010. The issues were settled by a court case in 2011 and the Judgments issued by the court take precedence over any previous legal opinions. The 2010 notice is not only superseded, but according to the ruling, the board has NO authority to permit opt-out. Read the court findings and judgment yourself!   Both judgments in that case (Roger L. Close vs. ACBC) are posted on the Documents page of this website. The first found that ACBC is not a homeowner’s association. The second found that: all property owners in Admiral’s Cove are members; property owners may not opt-out and the board of directors has no authority to permit any owner to opt-out; the law implies a contract to pay dues; the governing documents … are valid covenants running with the land or equitable servitudes.