Monday, December 30, 2019

Hotel California.....

Desert Mountain Club Wins Suits Against Desert Mountain Members

Maricopa County Superior Court ruled on November 21, 2016 that Desert Mountain Club members Clark and Graham had no right to simply resign from the club. The court granted a summary judgment against the defendants, agreeing that Desert Mountain Club members are locked into paying dues and assessments until they comply with resignation procedures set by the club’s board of directors. Points made to support the court’s ruling:
Changes in club bylaws have revoked commitments made by the club when recruiting new members. For example, pledges to split the proceeds of sale of a membership 80-20 are now void. So too is the commitment to allow members to quit at any time. This is true even though section 4.6.3 of the 2010, 2012 and 2013 club bylaws gives resigning members the refund rights granted in their original memberships agreement.
What a member has to pay to leave the club is entirely up to the board. ARS § 10-3610 guarantees all members of a non-profit corporation the same rights and obligations. It’s considered equal treatment of members if the board charges one member $65,000 to resign and waives any resignation fee from another member.
Membership in the Desert Mountain Club is like owning a car. Owners have to transfer title to get rid of a car. Getting rid of a Desert Mountain membership is the same. Once enrolled, members have an obligation to support the club financially regardless of their personal situation. This is true even though membership in the club is not a property right. The Desert Mountain Club is a non-profit corporation. Non-profits have members, not owners. Desert Mountain “equity members” have no right to any share of club assets, even after sale or dissolution of the club.
Desert Mountain is not Hotel California. Members are not trapped like guests in the Eagles' hit tune: "You can check-out anytime you like, but you can never leave.” The court in the Callawassie case ruled that a golf club can not trap members into what could be a perpetual obligation to pay dues. Reasoning in the Callawassie case doesn’t apply because the Desert Mountain bylaws are clear that members must continue paying dues even after resignation.
There are five ways to leave the Desert Mountain Club. Sale with a member’s property, sale at the market price, legacy transfer, negotiated transfer and death. The first four assume a willing recruit can be found. If not found, or if the board gives priority to selling from their ample supply of un-issued memberships, dues may be payable for life.
Judgment against Clark and Graham was entered on December 22, 2016.
Notice of Appeal was filed on January 10, 2017, Case number 1 CA-CV 17-0100

Palm Desert

Saturday, December 7, 2019

$469,999

1216 S Maple Ave, Tempe, AZ 85281
 LOCATION, LOCATION, LOCATION...Maple Ave is one of the most iconic streets in all of Tempe. With all of the development (Whole Foods, Mirabella, The 18 story Westin Tempe) going on this home is a great long term investment. With tear downs selling for as high as $443,000 (Maple & 12th) and updated homes like the one next door selling for $772,000 the possibilities for this are endless. The lot has desirable duplex zoning, the front house is a 2 bedroom 1 bath and the guest house is a studio with full kitchen and full bath. This home is for serious people that have the resources to restore this home and make it something amazing. Would be great for dream home builder, developer/flipper,investor, or owner occupant.






$350,000

 Come with your design ideas and restore this charming 3 bedroom, 1 bathroom mid-century single family home. Enjoy the sounds of the ocean and swaying coconut trees from your backyard large enough for a pool with a combined lot size of more than approximately 7,000 sqft! (Property is two different parcels, but will be sold together) perfect for expansion or tear down and build your dream home! Tax records may differ from the actual square footage of the home. Great location in the heart of Waianae near restaurants, beaches, and grocery stores. No HOA fees! Possibilities are endless!





284.43 Acres

 000 Highway 220, Casper, WY 82620


$1,795,000

 Situated in the heart of historic Telluride, this duplex residence offers a wealth of opportunities. Two bedrooms and two baths on each of the upper and lower flats. Rent the individual residences as an investment property or live in an excellent investment property that can be re-developed into a single family home at one's discretion. Out the front door you may walk to skiing and downtown's restaurants-shops. Private off-street parking in the back.

$1,500,000

 Classic, chic, casual, cool and even a bit curious best describe this property. RANCH & COUNTRY CLUB LIFESTYLE , with golf courses and miles of riding. Twisted Tree Ranch lies on 10 acres at end of Ranch Rd. A Modern Western Ranch home blends in harmony with views of Mazatzal Mountains, Four Peaks and nearby Tonto Natl Forest. Architect Bob Bacon designed this One-of-a-kind home. Fabulous 2 bedroom, 2.5 baths in main home(3,376 sq ft). Separate rustic 2 bed/ 1 bath guesthouse with fitness room(989 sq ft). Graceful great room opens to fully equipped kitchen, Viking appliances, poured concrete counters, island, wine fridge, ice maker, knotty alder wood cabinetry, (throughout the home). Colored concrete, plank & walnut flooring, wool carpet in master bedroom, has patio leading to pool.
The second split bedroom has private patio with endless views. 3 cozy fireplaces inside + a fireplace & fire pit on the patios to enjoy the true Arizona life style with incredible outdoor living spaces. The guest house offers a fitness room with mirrored walls, ballet bar, high-end elastic flooring and lots of room for fitness equipment. The sweeping outdoor patios offer generous spaces for intimate or large gatherings. Impressive Vigas, skylights, built-in Viking BBQ and breathtaking views from heated pool and spa... Extended length 3 car garage has additional storage closets, built-in cabinetry and sink. Also covered parking for 3 vehicles. The exterior construction of the buildings is synthetic stucco. The property has a small horse corral and plenty of room for additional facilities on the 10 acres. Private Well. Windmill adds character. Extraordinary craftsmanship, attention to detail and artistic design create an exceptional home which enable an enriching and comfortable lifestyle surrounded by the Sonoran Desert... Complimenting this desert gem are the Non Resident Memberships available at Trilogy and Tonto Verde Clubs, providing: TRILOGY: Golf, tennis, pickle ball, bocce ball, canoeing, fitness center, pool, Salon. TONTO VERDE: Golf, fitness center, bocce ball, pool. The General Public has access to both facilities for golf (limited), fine dining and Salon at Trilogy.