Riverchase Country Club sues homeowners association

The Riverchase Country Club has filed a lawsuit against the Riverchase Residential Association, claiming the association has failed to fix stormwater drainage problems that are causing damage to the golf course and cart path.

The lawsuit, filed April 29 in Shelby County Circuit Court, states that over the course of many years, drainage pipes that carry stormwater from multiple areas of the Riverchase development have deteriorated, causing erosion problems on the golf course and cart paths.

The erosion problems have created hazards that could injure people, the lawsuit states.

Mike Gedgoudas, the president of the country club’s board of governors and an attorney who filed the lawsuit, said one problem on the eighth hole of the golf course likely would have cost more than $500,000 to fix, which would have exhausted the reserves of the Riverchase Residential Association.

Thus, “the can kept getting kicked down the road,” and nothing has been done to correct the issue, Gedgoudas said.

More recently, an erosion problem on the 13th hole has created a more urgent hazard, with the cart path giving way, he said.

Instead of repairing that stormwater pipe, the country club proposed creating a huge ditch and making a bridge over the problem area, Gedgoudas said. The country club was willing to provide labor for the job and asked the Riverchase Residential Association to cover the cost of materials and equipment, which was estimated to be about $30,000, he said.

However, the Riverchase Residential Association responded that it was not the association’s responsibility to correct the problem, Gedgoudas said.

The country club maintains that the association’s incorporation papers clearly state that the association has a responsibility to maintain drainage systems and can collect dues from members for the purpose of doing so.

A representative for Community Management Associates, which manages the Riverchase Residential Association, said the association did not wish to comment about the lawsuit until its attorney had more time to review the issue fully.

Gedgoudas said the country club has tried to resolve the issue through discussion with the association but decided to file the lawsuit after discussions failed to produce results, and solutions to the most urgent erosion problems have been delayed long enough.

There are signs of erosion problems on at least three other holes of the golf course that are related to the stormwater systems, but the problems on the eighth and 13th holes are the most pressing.

The lawsuit states that there is danger to Riverchase Country Club members and guests and flooding that occurs on the country club and nearby residents’ properties as a result of the stormwater issues.

The country club has requested emergency consideration and relief from Shelby County Circuit Court, saying that problems will continue to worsen and the cost of repairs will increase. Some of the repairs will require closure of part of the golf course, causing potential further financial harm, the suit states.

The country club is asking the court to require the association to pay for equipment, materials and labor for the repairs.