Friday, February 3, 2017

Club Members Cannot be Forced Into Giving Up Contractual Rights

By Janet L. Bozeman, Esq.

Hirsch v. Jupiter Golf Club LLC, No. 13-80456-CIV (S.D. Fla. Feb. 1. 2017), provides a cautionary tale for clubs looking to restructure their membership options:  tread lightly on existing members' rights.  It is possible to restructure a membership program, but care must be taken not to breach existing membership agreements.  Where the club owner does not have the right to alter existing membership rights, members may be offered incentives in exchange for giving up membership rights, but a change in membership rights cannot be forced on the members.