QUESTION
Is free life membership status in a private club a binding agreement?
Asked on Mar 22nd, 2015 on Contracts - Connecticut
More details to this question:
I am on the Board of a Gun Club. It is an indoor range. It has been in existence since 1972. Our bylaws can be changed with a majority vote of the members.Our club bylaws have a classification of Life Members (25 years a member and 60 years of age) at which time such members would pay no dues or assessments. Can the bylaws be changed (with a majority vote) to add a "Life Members Fee"? Some are saying we can't do this because it affects members who joined while the prospect of free Life Membership was offered.
1 ANSWER
It's an interesting issue. It's true that members who joined before the change could argue that they had joined in reliance on the provision, and that the change made their agreements voidable, either because of a failure of considertion, fraud, or some other theory. Personally, I think the better argument is that anyone who joined knew that the rule could be changed by majority vote, and agreed to take that risk, just like coop or condo buyers who know that the homeowners' association rules can be changed during their membership. However, it seems to me that you could avoid all conflicts, and also be fair to everybody, by "grandfathering" in current life members.
Answered on Mar 23rd, 2015 at 8:44 AM