A recent decision from a Florida District Court of Appeal shows that dram shop cases against clubs are fact dependent and difficult to resolve by summary judgment without a trial. Gonzalez vs. Stoneybrook West Golf Club, 2017 WL 2988826 (Fla. 5th DCA July 14, 2017). In Gonzalez, a car driver was killed in a car … Continue Reading
Verandah Development v. Gualtieri, Florida 2nd District Court of Appeals (February 17, 2016) http://law.justia.com/cases/florida/second-district-court-of-appeal/2016/2d15-2250.html This case provides insight to clubs with refundable memberships who want to amend a membership document provision related to refunds or resigned membership resale. The plaintiff member’s Membership Agreement provided that members who “resign their membership will be refunded their initiation … Continue Reading
Javorsky v. Western Athletic Clubs, California Court of Appeals, First District, Division 5 (December 11, 2015) http://scholar.google.com/scholar_case?case=1119351710053536383&q=javorsky+v.+Western+Athletic+Clubs&hl=en&as_sdt=2006&as_vis=1 Clubs throughout the country offer Junior Membership programs that afford younger members discounts in joining fees and/or dues or favorable membership financing. Some have questioned whether such programs violate federal or state age discrimination laws. In Javorsky, a … Continue Reading
The days of the men’s golf club are over, and clubs that emphasize family oriented facilities are increasingly more common. Both traditional golf clubs and other clubs are struggling to define the family of members who have facilities use privileges. The trend is to expand the family definition, especially in resort and second home communities, … Continue Reading
A lender who holds a mortgage on golf courses and other recreational amenities should consider two fundamental issues before foreclosing on the property when club members have use privileges at those facilities.… Continue Reading
