Just More Questions
What is unbelievable in all this is that the Honorable Robert W. Skidmore allowed this to happen. More than likely, he had his clerks deal with this and he just signed the papers. I have a hard time believing an intelligent juror would allow any business to encumber peoples’ homes for dues in a recreational club. It would be like Elks getting liens on their members homes for dues just because they’ve been around a long time. Evidently, no one from the court bothered to verify any of information present by the club, like the premise that membership in the club adds value to property. NO WHERE does the club show any documentation to back up this claim.
On of the major points to the court was the right of property owners to encumber their property if they wished. If the members have the right to place liens on their properties, then isn’t the converse also true and the members have the right to remove those same liens?
The club is governed by three important documents: the Articles of Incorporation, the By-Laws, and the Covenants. All three documents contain procedures describing how they may be modified, by whom, and how many. If the club deliberately interferes with that process by preventing the ability of all club members to change those documents, the club is no longer operating legally. By excluding members from the election process for their thoughts and preventing them from exercising their rights under those documents, the club is using a power not defined in any of the documents. By denying the owners their rights and not allowing them any redress and to forcing those owners to continue paying dues is extortion: pay your dues or we take your house.
If the club is such a great deal, why do they have to have liens on owner’s properties to force them to pay dues?
If the club is such a great deal, why do they have to spend so much money on defending the club “…to the death…”?
If the club is such a great deal, why do they have to control the elections?
If the club is such a great deal, why do they have to silence the majority of members?
And who determines what is “…in the best interest of the corporation…”?
All these questions and many more began to plague us in 2001 when our first dues payment invoice arrived.