The Dart-owned Britannia Golf Club closed Thursday, leaving many of the homeowners around the course unhappy. The dispute is headed to Grand Court to interpret clauses in the land titles for the golf course and Grand Cayman Beach Suites.
Dart, through one of its companies, Cayman Shores Development, bought the golf club and Beach Suites earlier this year. In letters to owners and the strata in July, Dart told the homeowners that it planned to close the Beach Suites and the course on Sept. 1.
In a written statement to the press, Paul Simon, attorney for the home owners, said, “The home owners at Britannia have over the course of the last 30 years, bought their properties in good faith with the knowledge that there are certain rights registered in their favour to use the facilities at the Britannia Golf Club and Grand Cayman Beach Suites.
“The existence of those rights has long been an attractive feature to owners, residents and prospective purchasers in Britannia. Now we are faced with the threat of the permanent closure of the facilities with no idea as to what Dart has planned for those two properties.”
Responding in a statement to the press Thursday, Dart wrote that it “has advised the three Britannia Strata Corporations and the Britannia Estates Home Owners Association that Dart intends to ask the Grand Court to clarify whether the restrictive agreements should properly be registered. Dart believes that this is the appropriate way forward to enable all interests to be objectively heard and considered so that all owners have certainty about their respective rights and obligations.”
Dart stated that it closed the golf course “due to the commercial unfeasibility of the business operation.”
Dart also owns the old Hyatt site on the Esterley Tibbetts Highway, which sits directly in front of Britannia and the golf course, and the Beach Suites on Seven Mile Beach across from the old Hyatt. All of those properties are just north of Dart’s Camana Bay.
Owners in Britannia, a small subdivision along a canal with multimillion-dollar homes, say the land titles for the golf course and Beach Suites have guaranteed their access to the course and the beach resort’s amenities for decades.
The Britannia owners hired public relations firm Fountainhead to communicate with the press. In the written statement sent Thursday, Mr. Simon states, “Britannia property owners face uncertainty regarding the future for the golf course, which many of the Britannia properties overlook, and the Grand Cayman Beach Suites property. In an effort to clarify matters, Britannia owners have asked to meet with Dart to discuss their concerns and learn about Dart’s plans for the two properties, but had not received a substantive response to that request before Dart closed down both properties.”
In its statement, Dart declared it “has been in regular communications with Britannia proprietors and strata corporations. A letter was sent to all proprietors on May 5, 2016, confirming new ownership and on July 22, 2016, a second letter was sent by Dart confirming closure of the Britannia Golf Club. Prior to the acquisition, the matter of whether restrictive agreements should properly be registered on the title of the properties was an issue in proceedings before the Registrar of Lands between one of the Britannia Strata Corporations and Embassy Investments. In the same July 22 letter Dart confirmed that it would be seeking clarification of the legal status of the restrictive agreements on the properties.”