TarheelTraveler
newbie
Read the Cervantes/Priest Vs ER lawsuit today-it is being done Pro Se by the member. Appears she is a lawyer by training as is her spouse-who actually has a pretty nifty resume/credentials. They appear to be one of the first joiners on ER ($295K & $18K a year in dues for 60 nights). They're crying foul over their dues going up to the $995 a night level over the next couple of years.
Interesting case. Thanks for pointing that out CM.
Amended complaint is linked here.
http://webaccess.sftc.org/Scripts/M...,-AEXCLUSIVE RESORTS CLUB MANAGEMENT\, LLC,-A
Probably the best written plaintiff's complaint that I've seen in a suit against a DC. ER is trying to get this into arbitration. If successful, we probably won't find out the result. Again, the lesson to be learned from this case is be careful what you sign (I actually find it interesting that a lawyer signed it, particularly one this good (although in fairness, she says ER wouldn't negotiate the contractual terms)).
IMO, you can basically boil it down to can dues be raised above the cap that is specifically provided or can ER unilaterally amend the contract, disregarding the specific cap that is provided. Typically, the specific trumps the general in a contract, but I've clearly not looked at the law on that point.
I thought this part of the complaint was interesting:
"11. Prior to the execution of the Agreement, Exclusive Resorts discussed its business plan with Plaintiff Priest. Defendants represented that Exclusive Resorts' business would be operated on a "for-profit" basis, that Exclusive Resorts was soliciting Membership Fees with the intention of using those fees to invest in and develop a portfolio of high-end vacation properties, and that Exclusive Resorts' business model would assure its ability to repay Plaintiffs' Membership Deposit. Exclusive Resorts further stated that it expected Plaintiffs' annual dues, along with the higher annual dues of Club members who were subsequently to join, to cover the physical operating costs of such properties. Defendants specifically told Plaintiff Priest that neither Membership Fees nor dues were to be used to pay property taxes or investment expenses, which costs were to be covered by the long-term investment returns."
I've not heard that depiction of the model yet.