Suppose you bought a home in a golf course community, with the understanding that the land used by the golf course would remain earmarked for that purpose as long as specified in the associated title documents. Then, as a result of a court case, your golf course land was cleared to be developed because the land in question didn’t fall under an exception in the Florida Marketable Records Title Act.

That’s the situation nearly 250 residents are facing concerning a 160-acre property formerly known as the Calusa Country Club.

Miami-Dade Circuit Judge Jennifer Bailey’s ruling nullifies a 1968 restriction that specified no development on the property (other than as a golf course) for a period of 99 years, unless approved by 75% of the 248 residents living adjacent to the course. Most of the residents had opposed a proposed redevelopment of the Club as a state-of-the-art adult community. Suit was then filed against the homeowners by St. Andrews Holdings, Ltd. and Fort Dallas Golf Club Ltd. in order to remove the restriction.

Bailey agreed with the developers in stating that the 1968 restriction didn’t fall under the previously noted exception in the Records Title Act, a law from 1963 that made it possible to remove certain restrictions, claims, covenants and other encumbrances after three decades.

The case could be just the beginning when it comes to residents and owners of sites with restrictions. Larger tracts like Colusa are particularly of interest in places where undeveloped land ceases to exist.

Developers need to be aware that acquiring a so-called underutilized property comes with several challenges. Converting the property to some other use typically requires the OK of a local planning authority—a move that affected homeowners can be expected to oppose, since many of them bought their property with some degree of understanding that the nearby property would not change in use.