Jim,
The fact that the course was in existance for 18 years seemed to have no influence over its abilty to remain.
Perhaps some of the lawyers can assist with my question.
47 years ago, I moved into a Garden apartment complex that stipulated in the lease/rental agreement, "no dogs"
But, there were a substantive number of renters who had dogs for some time.
So, my wife wants to get a dog, (no children at the time), and she want to get a Doberman Pinscher, which is the breed I had previously when I was in high school and college. So, I get a Doberman. Trained him exceedingly well.
He was big, gentle and very obedient, but, he was ferocious looking and on command, would get your attention.
So, a resident complains to the manager who complains to the owner who sends me a get rid of the dog or get evicted notice.
My wife says, "don't get rid of the dog, he's part of our family". My father says, "get rid of the dog" .
My best friend calls anyone (Me) who would get rid of their pet, the worst of the worst. so, my dad gets outvoted.
I keep the dog, I get an eviction notice, I go to court.
The court decides that the no dog clause doesn't apply because the landlord allowed dogs for so long that he couldn't arbitrarily decide which dog he wanted to evict and when. Part of my reasoning was OK, if you want to get rid of my dog under your clause, you have to get rid of all dogs.
So, doesn't the fact that the CCC permited the grass/course for almost 20 years imply a form of consent ?
Surely they couldn't maintain that they didn't know about it.
Those agencies do fly-overs and inspections on a regular basis.
Subsequently, I have noticed in leases, that dogs weighing over 40 pounds are prohibited.