Legal Question in Entertainment Law in Arizona
golf membership dues
Years ago (1998) I was foreclosed on a golf course lot out of state from where I live (course in AZ, me in CA). A golf membership was included when I bought it. You couldn't be a member w/owning prop. The membership went to a waiting list. Now an attorney letter comes, demanding 38,000 back dues! I was told the dues would accrue until equaled the value of the membership, then revert to the club...(never got that in writing) so I trashed the quarterly invoices when I got them intermittently (due to a divorce, my ex moved around alot eventually the found his address.) The club is undergoing ''acquisition''. I long ago trashed the agreements, deed restrictions... Isn't there some sort of statute of limitations in AZ for open book items? How would a judgement against me be enforced?
1 Answer from Attorneys
Re: golf membership dues
The agreement may be like a lease where even if you transfer you remain liable for the term of the contract, and here, the contract could be on-going. That being said, there may be grounds to argue termination. For example, even with personal guaranties, which are difficult to escape, there are cut offs where the guarantor is no longer married to the property owner, involved in the business,etc. And, like you said there may be statutes of limitations defenses, (laches - same thing in equity - too much delay mean no way to defend, witnesses gone, evidence ruined, etc.).
We would need the agreement they seek to enforce (attached to atty letter?), plus other related documents (CC&R's, Ass'n regs, etc.). If you do not have, then we can get from attorney.
Think the legal issues are going to be a little "sticky." but, seems reasonable that we could negotiate a better deal than the judgment they are going to seek against you. Attorney power means your negotiating leverage is weak. Would cost less to hire us, I think.
Initial Advance fee (trust account deposit) for document review, legal research to review current cases and draft response to attorney would be $2,500.00. We would bill actual time against this trust deposit. Or, we can just review the situation and tell you what we think for about $1,000.00
Let us know. Thanks.