Tag Archives: club

Is Now the Time for Clubs to Restructure?

The full or partial shutdown of Club facilities and services may be an opportune time to consider restructuring, repositioning or enhancing the membership program before the Club reopens fully. Consideration may be given to: Mandatory membership or community membership, Membership categories, privileges and services, Membership joining fee refundability, Membership transfer options, and Family privileges, including … Continue Reading

Club Annual Meetings in Time of COVID-19

Many clubs are required to hold their annual member meetings this Spring when health experts are asking everyone to avoid gatherings of more than 10 people. In some areas, state and local governments are banning such gatherings or anything other than essential activities. Boards are faced with the dilemma of complying with bylaws requirements or … Continue Reading

Case Law Update: Club Liability Release

Clubs regularly require new members to sign liability releases, some of which are drafted quite broadly.   A recent decision from the New Jersey Appellate Division considered the enforceability of such a provision. Crossing-Lyons vs. Towns Sports International, N.J. Sup. Ct, App. Division (July 11, 2017). In Crossing-Lyons, a fitness club member sued the club after … Continue Reading

Difference Between Club and Hotel Management Agreements

Often, a club management agreement reads exactly like a hotel management agreement, with the word “hotel” changed to “club.” This should not be the case. Clubs have unique characteristics that should be considered in drafting a club management agreement. 1. If the club is a member-owned club, it is not a profit-seeking business. As a … Continue Reading

Resigned Members: It’s the Same Category

Spikes v. Hamilton Farms Golf Club (D. NJ 2014) Meiselman v. Hamilton Farms Golf Club (D. NJ 2011) Clubs that resell resigned memberships generally have separate “sell lists” for each membership category. Therefore, if a club sells memberships in a different membership category, those sales do not trigger resales of resigned memberships and the corresponding … Continue Reading

Case Law Update: Community Covenants’ Impact on Club Operations

Warrender vs. Gull Harbor Yacht Club, Court of Appeals of North Carolina (August 6, 2013) This decision illustrates the importance of reviewing and considering the impact of restrictive covenants on operations of a club or marina before acquiring or restructuring it.  The Court ruled on a number of issues related to the restrictive covenants in … Continue Reading
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