Very sad experience

[Vadim]

I tell you why I start read all contracts and make sure I understand all paragraphs. This will be Funny!
4 years ago my 3 y.o. and pregnant at the time wife asked me to buy a kitten. It was more like an arm twist than ask. Middle of July, Hot we driving an hour plus to the breeder to get the Bengal kitten. My wife on 7.5 month pregnancy and 3 y.o. pick up cat I sign whatever was in front of me without reading. Kitten was not old enough to undergo "Bob Barker treatment". Long story short I got sued and lost for sparing my cat gender.
From that day I do not trust words, just ink. If it is on paper and written it is a document, words mean nothing anymore.
In my club case everything was in ink. But I lost again. What is next where are we going?

 

[Vadim]

Is the club for profit, or not for profit? It would be hard for me to get worked up either way. In my experience, most not for profits will not fix prices more than a year out, since their goal is to set equitable (from the members' perspective) prices that will cover costs, which is hard to do without knowing future costs. If the members don't think the pricing is equitable, they have the power to make changes. On the other hand, if the club is someone's business, if you don't like the terms or pricing, either take your business elsewhere or negotiate something that makes sense.

I do not know. And that is why I searching right now. Waisted time and effort.

 

[BandB]

A couple of comments.

From what you've presented, it appears they have violated the terms of a contract. However, without seeing the entire first document, can't say for certain that it was a contract.

As to whatever else was said, it's only relevant if it adds somehow to the contract but not if it contradicts in most cases as there are rules about the contract being within the four sides of the paper and about not being able to change a written contract verbally. Not saying it can't be done but requires certain parameters and strong evidence both parties agreed. Here you clearly didn't agree to a change.

They may claim the previous manager went beyond his authority but they have no legal argument in that regard unless somewhere the contract indicates subject to board approval. He was their representative and, if they feel he did wrong, their disagreement is with him. Clearly he's gone for some reason but not your problem. (Well, it has become your problem, but shouldn't have been).

Now, here's where we all have to carefully measure our own rules and principles and stubbornness vs what is best for us. My instinct is to never deal with someone who has tried to change a deal with me. It's to walk away and never turn back. In most cases, that's easy. I don't like one car dealer, I go to another. Plenty around. However, this case it's not that easy. I compare it more to a salesman I refuse to deal with but like the company so I force them to agree I'll never see him again. Here, you like the YC, you like the members. Your conflict is with one man. You haven't yet spoken to the board. You need to ask yourself under what terms you would be happy there and then go around the manager to the real authorities and talk like gentlemen and see if it is possible. If you can't be happy, then move on. But don't allow one man to derail a deal if you really want to be there. Time to sit back and think before making a move that is contrary to your and your family's happiness. Only you can judge. It's not just legalities, it's feelings too. It's enjoyment. None of us can tell you how you feel and to say how you should feel is nonsense.

 

[fgarriso]

Why would anyone want to stay in New York for a year.

 

[Vadim]

The whole purpose of forums is to share your experience. I shared my. That is it. I decided to move on. After all I did not feel comfortable leave my toy at this club anymore.
I will always say nothing but positive about my stay there, unfortunately not the same with contract signing experience.

 

[Vadim]

Why would anyone want to stay in New York for a year.

New York, did I miss something?

 

[Bacchus]

Why would anyone want to stay in New York for a year.

That was MYC.... not. NYC
But why question anyone else's choices even if it was NYC or anyplace else for that matter?

 

[Vadim]

A couple of comments.

From what you've presented, it appears they have violated the terms of a contract. However, without seeing the entire first document, can't say for certain that it was a contract.

As to whatever else was said, it's only relevant if it adds somehow to the contract but not if it contradicts in most cases as there are rules about the contract being within the four sides of the paper and about not being able to change a written contract verbally. Not saying it can't be done but requires certain parameters and strong evidence both parties agreed. Here you clearly didn't agree to a change.

They may claim the previous manager went beyond his authority but they have no legal argument in that regard unless somewhere the contract indicates subject to board approval. He was their representative and, if they feel he did wrong, their disagreement is with him. Clearly he's gone for some reason but not your problem. (Well, it has become your problem, but shouldn't have been).

Now, here's where we all have to carefully measure our own rules and principles and stubbornness vs what is best for us. My instinct is to never deal with someone who has tried to change a deal with me. It's to walk away and never turn back. In most cases, that's easy. I don't like one car dealer, I go to another. Plenty around. However, this case it's not that easy. I compare it more to a salesman I refuse to deal with but like the company so I force them to agree I'll never see him again. Here, you like the YC, you like the members. Your conflict is with one man. You haven't yet spoken to the board. You need to ask yourself under what terms you would be happy there and then go around the manager to the real authorities and talk like gentlemen and see if it is possible. If you can't be happy, then move on. But don't allow one man to derail a deal if you really want to be there. Time to sit back and think before making a move that is contrary to your and your family's happiness. Only you can judge. It's not just legalities, it's feelings too. It's enjoyment. None of us can tell you how you feel and to say how you should feel is nonsense.

Just make sure, I never had signed contract, I had written offer/quote and will to become a member of the club. It is the conditions of the presented to me contract for signing and an invoice bottom line, that was an issue.
Thank you.
Just want to add up. Yesterday, I went around and call to 5 - 6 marinas around my area of interest just to find out that they are full or have price that I am not prepared to pay. I am glad boating business is strong.

 

[BandB]

Just make sure, I never had signed contract, I had written offer/quote and will to become a member of the club. It is the conditions of the presented to me contract for signing and an invoice bottom line, that was an issue.
Thank you.
Just want to add up. Yesterday, I went around and call to 5 - 6 marinas around my area of interest just to find out that they are full or have price that I am not prepared to pay. I am glad boating business is strong.

Hope you find the perfect solution.

Marinas are feeling strong right now and, in some cases, showing some greed that they might regret at the downturn. Marinas have benefitted from the pandemic. Two years from now they may find the market will turn. Our YC apparently had discussions over whether they should raise rates as they picked up members. First meeting I've ever been to as it was virtual. Fortunately, they were wise and the decision was "no, not to take advantage of a pandemic."

 

[MYTraveler]

Our YC apparently had discussions over whether they should raise rates as they picked up members. . . . Fortunately, they were wise and the decision was "no, not to take advantage of a pandemic."

Not for profit YCs are typically run by a bridge and board, most of whose members have been successful in for-profit businesses. Unfortunately, care must be taken to realize that a non-profit club's objective is serve its members, not to make a profit and that profit-motivated decisions often result in decisions that are not in the best interests of its members.

Our club decided early on in the advent of mandated closures (our club's amenities have been mostly closed for months) to reduce membership fees, thinking that the members shouldn't be expected to pay the same fees for reduced service. That may make sense in the context of a for profit business, but it ignored the reality that our costs were not reduced (the restaurant was closed but the concessionaire was still paid its subsidy, maintenance staff hours were not reduced, and fixed costs, like property taxes and insurance, were not reduced). Well, it didn't take time for management to figure out that if we operate at a deficit, the members will eventually have to make that up, and due were RAISED beyond pre-covid levels (our expenses actually increased during covid). Another example is in simple terminology -- our treasurers consistently report on the club's profits. I believe the correct term, and one that better reflects our mission, is surplus and deficit.

 

[BruceK]

In post 23 you say the Club refunded all monies paid. How did that come about?
A well reasoned letter to the Club Board is a way better course than trying to get someone on the Board to meet. Put it in writing. If the Board understands your complaint, you should get a meeting with someone on their behalf.
Don`t be put off with "the Manager exceeded his authority so we`re not bound". He had actual and ostensible authority to bind the Club.
Engaging a lawyer is not worthwhile but it`s still a legal dispute.

 

[timb7734]

I am in Southwest Florida where about all marinas are full. So full that traditional transient spots require reservations well in advance. Your marina situation is probably nothing more than new management recognizing current economic situation, which will change if the economy turns. We recently found a dock that was 37% cheaper with similar facilities, and jumped on that the same day.

 

[billdomb]

What about complaining to the local DA about bait and switch fraudulent tactics?

Even if it won't work, might put a little pressure on the management.