Yacht Club Membership Rules

Don S/V ILLusion · Dec 17, 2011

Not any different than any health club, golf club or any other club membership in that their By-laws typically speak to that issue. In the absence of any preexisting policies, it is a matter of opinion and as we all know, opinions vary. Once you enter into the "opinion" domain of making up rules, be prepared to get hit with legal challenges. About the only option you have is to dissolve the membership in question completely as it is based on a partnership which no longer exists but that option too is subject to challenge.

Ross · Dec 17, 2011

Throw them both out. Mutiny always has two two parties and both are at fault.

Terry in Naples · Dec 17, 2011

who retains membership

Sure, every club wants in the middle of that. Let the parties resolve it as part of their settlement. Until then they are legally members.

Mich222 · Dec 17, 2011

Stretch:
Please provide the exact verbiage from the Bylaws or the contract regarding the definition of a full membership. The way you have paraphrased it, it appears a "partner" (i.e. a non-spouse partner, or a former spouse who is now the designated "partner") would have or retain membership rights.

Steve Dion · Dec 17, 2011

What is the definition of "spousal arrangement". <g>

Maybe you can leave this for the Supreme Court when they determine the definiition of marriage.

If you have a "couple" that own a boat together do they have one of these "shared memberships"?

If you have been listening to the news lately people are living together without getting married. This is the current trend and they expect that there will be less folks getting married in the future so maybe your bylaws need to be adjusted for the times.

I would just take their money! <g>

Sailm8 · Dec 17, 2011

How about the BOAT has the membership and the owners reap the benefits? Non owners pay a family/crew landed membership fee of a smaller amount. Our club does not define a family beyond cohabitation. Our club events, like parties, allow non members/crew to participate for a guest fee.

kenn · Dec 17, 2011

Stretch said:
... It appears from my review of the bylaws that Membership is allocated only to a person with the spouse or partner of a full member effectively inheriting the same rights. So if two people within one membership are no longer in a spousal arrangement, under what conditions could two people chose to continue to retain shared Membership rights?

I scanned the short copies of rules in our membership book, and it doesn't specifically mention the spousal or joint ownership situation. In our club, the membership is held by A PERSON, and club privileges are normally extended to their spouse and immediate family. So I believe that in our club, in the event of a split between owner-partners or spouses, it's up to the MEMBER to resolve the issue, and if it involves any change to the membership, or the type of membership, the MEMBER must bring the solution to the board for approval, which the board may grant or refuse.

In other words... a split is NOT THE CLUB'S PROBLEM. Work it out yourselves.

This is, in my opinion, the best solution, that puts the onus on the affected parties. A yacht club should not be required to arbitrate an outside dispute.

Caveat - our club is in Canada, and is regulated by federal and provincial laws. Oh wait, yours is too

RECESS · Dec 17, 2011

We were voted in as a couple. We have but one vote between the two of us. I am not sure what happens at our club when a couple splits when it comes to the membership?

Rick D · Dec 17, 2011

Here's Our Verbage..

(a) Voting Members. Voting Members will be the Applicant and Applicant’s Spouse residing within the same household as the Applicant. In the event there is not a spouse residing with the Applicant, the Applicant may designate another Voting Member who must also reside within the household of the Applicant.

LloydB · Dec 17, 2011

The spouse or partner effectively inherits the same rights of the full member.

If the full member dosen't have a spouse or partner then the rights of the full member remain to be effectively inherited and therfore are not transferable to a NON spouse or partner.

sailcruiser · Dec 17, 2011

Stretch said:
5. The spouse [lawful or common law] of a full member in good standing is entitled to vote and may hold office.

Sect A sub c. A member cannot occupy more than one moorage spot

Sec 1 sub d. Should a boat be co owned by someone other than a spouse,[lawful or common law] the co-owner will be required to make application for membership as detailed above.

above is good standing, moorage surcharge and 20 hrs club time volunteer.

There is little in our bylaws to reach a decision, I was hoping someone had to address this already and could offer fair judgement.
Thanks for your replies

Stretch I'm far from an attorney or the like but it sounds like your club is set up like every other club (country club, yacht club, chess etc). Does your club issue certificates of membership? Whoever is in that slot which most typically is the man from just a traditional standpoint. As VC you may want to create or request the bylaws committee to try and clarify this for the future perhaps asking on application who will be named as member and let the couple work it out between them at that time rather than have a default stance of some sort. There is room to challenge an arbitrary choice on the clubs part but not if that decision is made by them up front. For this instance it sounds like whoever was given membership will retain rights and the other will have to apply for themselves.

Clubs in general are slow with change. It wasn't until the mid 80s our club allowed women at the meetings or in the bar which boggles my mind to this day. Times are changing and clubs as a whole are constantly playing catch up.

SC

kenn · Dec 17, 2011

Stretch said:
5. The spouse [lawful or common law] of a full member in good standing is entitled to vote and may hold office.
...
Sec 1 sub d. Should a boat be co owned by someone other than a spouse,[lawful or common law] the co-owner ~~will be required to make application for membership as detailed above.~~

In other words, a spouse of a member also gets the privileges of membership, but any other co-ownership arrangement requires that each co-owner have a membership.

Sounds entirely reasonable. In the case of an amicable split, where both parties agree to share ownership and use of the boat, both parties would have to be paying members. I imagine most clubs would not withhold the second membership, unless there were reasons to do so.

Rick Webb · Dec 18, 2011

At Our Club

The prmary member would keep the membership in the event of divorce though it can be transfered if part of the decree. We allow a transfer of the primary once between couples so that the spouse can be elected to the board or as a flag officer. When a primary member passes the membership automatically transfers to the surviving spouse. We do have couples who each have their memberships and have each paid an initiation and I presume dues and minimum each month.

Joe · Dec 18, 2011

Yeah...... just make sure the estranged couple isn't in the bar together.

Rick Webb · Dec 18, 2011

Here is One for You

This was before I joined the club so I do not know the couple but this story is told frequently at the bar. A couple had transfered membership from the wife to husband so he could be on the board. They divorced he got the membership. She applied for membership on her own again and was denied. He then quit the club.

Kinda like fighting for the custody of the dog, winning and then taking the dog to the pound.

Gail R · Dec 18, 2011

Our club's by-laws are pretty clear on it:

"In the case of a family, both spouses, individually, are entitled to privileges as Active

Members (with such entitlement surviving any subsequent divorce) ..."

So if there's a divorce, their need be no fight over who gets to keep the membership. Of course, depending on the circumstances, this might make for some awkwardness later on!

I remember when we joined (and when any couple joins), we took up two membership slots. Essentially each person is treated as an individual for membership and privileges. However, we are expected to only have one car down there at a time, parking is tight.

Winkfish · Dec 19, 2011

From the by-laws you cited, it looks like the "full member" is the member. The spouse gets privileges, but is not a "member." If they divorce, the member is still a member, but the ex-spouse is no longer a "spouse." I would think the ex will then have to apply in his or her own right.

In our club, a person (me in our case) is the member. My wife can use all amenities of the club, except she can't vote or go to the annual and semi-annual meetings.

If we divorce, she can apply to be a member. (I guess she could do that now if she wanted, but really no need to do so.) My son can now use the club as well, but when he turns 18 or 21, he has to apply to be a member in his own right.