Golf Investors have demanded Capitol Fund from Members. Will Terminate Our membership if not Paid
- Thread Starter MABOATING
- Start date
No. The Agreeement clearly shows the type of membership we have agreed upon and the fees, dues and charges that we are required to pay. The "plan" outlines that all capitol improvements are paid by the owners. No assessments to members.
This supposed change was by email with no specifics just a statement that we will collect a $2500 to start a new fund starting Oct 1. Have talked to two attorneys they say Breach Of Contract
adjusterjack
Super Moderator
Then hire one at $400 an hour with a $5000 retainer, at least.
Put your money where your mouth is and go to court for an injunction.
Got a reason for not doing that, do you?
PS. Saying the same thing over and over doesn't make it true.
army judge
Super Moderator
It appears to me the NEW language LEANS towards breach of contract, if you pay the tribute demanded.
Consider, if you will, a similar event in 1805 triggered the Barbary Wars. I cite the Battle of Derna.
The Four Tops, even recorded a song:
You might consider an equally preventive method, too.
Tax Counsel
Well-Known Member
The answer to the question you asked is yes, they may terminate your membership and doing so would not be illegal. That's because there is no law making that a crime or civil violation. Contract law, for the most part, does not involve any criminal law or civil regulations that might draw fines. It's about ensuring the parties are getting from the contract what they had a right under the terms of the contract to receive. If the owners wrongfully terminate your membership, that's a breach of contract claim
As a result, the real question I think you wanted to ask was whether the company breaches the contract by terminating your membership in this circumstance. You'll want to ask an attorney in your area who does contract litigation for a legal opinion on that. I can't provide that.
What I can tell is that given the contract pages you did provide in my state there would be no breach of contract by the others. The contract gives the owners the right to change the terms of the contract at any time and to revoke membership at any time. Generally under contract law they have to give you advance notice of the changes to give you the opportunity to accept or reject the changes. If you reject the changes, then the owners are free to terminate your membership. But the laws of my state are going to vary somewhat from the laws in your state, and you need advice about how this plays out in your state.
The way the deal appears to be structured is that you basically have a subscription for use of the golfing facilities. You paid a by in fee, which the contract makes clear is nonrefundable, and you pay a monthly fee which gives you the right to use the facilities for that month. The contract also makes it clear you get no other rights (e.g. no ownership interest, no rights to participate in the decisions the owners make, etc). You pay the monthly fee and you have the right to use the facilities for that month. That seems to sum it up in a sentence.
Even if the owners breach the contract, what would be your economic damages? If your membership is terminated, all you lose is the right to use the facilities and you are released from your obligation to make monthly membership fee payments. If you sue on a contract case for breach, generally you are only entitled to win damages equal to the financial losses suffered. But I'm not seeing any money damages you suffered from that action. If that's the situation then suing the owners will get you nothing and you'll have spent money and time pursuing it that you don't get compensated for.
I understand it sucks for the owners to jack up the monthly membership fee. You obviously aren't keen to pay more, which is understandable. If you don't pay and your membership is terminated going forward you'll not be ablle to engage in the golfing there that you enjoy. Loss of that enjoyment isn't something you can be compensated for.
Get the opinion from a lawyer in your state. If, as I suspect, the attorney tells you that raising the fees does not breach the contract and that your refusal to pay the new fee is itself a breach, that leaves you with the choice of either paying the new fees and continue to enjoy golfing there or refuse to pay, have your membership terminated, and you look for someplace else to golf. It'll be worth the several hundred dollars you pay the lawyer for an opinion on this so you know for sure where you stand. That information will then give you what you need to decide what you want to do.
zddoodah
Well-Known Member
I do not believe your recitation of North Carolina law is accurate. Do you have a case that says that, despite a contract giving one party the authority to make unilateral changes, such a provision isn't enforceable? It's certainly generally true (in NC and every other state) that a contract cannot be unilaterally amended. However, it is not at all uncommon for contracts to contain a provision giving one party the authority to make unilateral changes. In such a situation, the other party may continue with the contract, as amended, or may terminate the contract going forward. I'm fairly sure someone cited credit card agreements as a common example of this.
adjusterjack
Super Moderator
Yeah, post number 6.
