Last night, NCA filed an amicus curiae brief in Florida’s Second District Court of Appeal in the case Fiddlesticks Country Club v. Potter et.al. The case centers on whether bylaws in effect at the time a member joins the club constitute a contractual agreement that is not subject to change unless both parties explicitly agree to the changes. In this instance, the lower court ruled that notwithstanding amendments to the bylaws voted on by the entire membership of the club, the bylaws in effect when the plaintiff joined the club are a binding contract and not amendable. The ruling is directly contradictory to recent case law and unless overturned would have a negative impact on any club in Florida that has changed its bylaws in the last ten years. NCA urged the Second District Court of Appeal to overrule the lower court in support of the appellant, Fiddlesticks Country Club. You can see a copy of the filings here.
On behalf of the NCA, I would like to thank the Florida clubs who contributed to the Legal Action Fund. Their generosity allowed us to weigh in to protect the interests of all private clubs in the state.
If you have any questions regarding this issue, please contact NCA Vice President of Government Relations Joe Trauger at [email protected].