Monasco v. Gilmer Boating and Fishing Club
339 S.W.3d 828
Tex. App.2011Background
- Gilmer Boating and Fishing Club is an unincorporated private association in Upshur County with bylaws governing membership and occupancy; Monasco bought a share and a lake house from Monk and sought Club membership; Article IV, Section 5 forbids nonmembers (except a spouse) from residing on Club property; Monasco’s brother Larry moved in with him, prompting the Club to seek declaratory relief and an injunction; trial court held the bylaws are enforceable as a contract and Monasco is bound by the residency restriction; issue whether the statute of frauds applies to the sale of the cabin and whether the cabin is personal or real property; the court found the cabin was personal property and the statute of frauds does not apply; the land on which the cabin sits is owned by the Club.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bylaws are binding as a contract against Monasco | Monasco argues there is no signed contract binding him to bylaws | Club contends bylaws form a binding contract enforceable against members | Yes, bylaws are contractually binding on Monasco |
| Whether the cabin purchase is real or personal property for the statute of frauds | If cabin is real property, statute of frauds may apply | Cabin purchase is personal property under bill of sale | Cabin is personal property; statute of frauds does not apply |
| Whether the contract could be performed within one year, affecting the statute of frauds | Performance could be within one year; thus outside statute | Indefinite duration contracts cannot be performed within a year | Contract could conceivably be performed within one year; statute of frauds does not apply |
| Whether lack of signed writing waives statute of frauds defense | No waiver due to absence of signed writing | Rule 299 waiver applies to omitted elements | Waiver did not defeat statute of frauds defense; no signed writing required viewed as binding |
Key Cases Cited
- Lundine v. McKinney, 183 S.W.2d 265 (Tex.Civ.App.-Eastland 1944) (bylaws may constitute contract between members and association)
- Brown v. Harris County Med. Soc., 194 S.W. 1179 (Tex.Civ.App.-Galveston 1917) (association rules regulate conduct and govern member rights)
- Gaines v. Farmer, 119 S.W. 874 (Tex.Civ.App. 1909) (bylaws are contracts among members; rights governed by them)
- Cline v. Ins. Exch. of Houston, 166 S.W.2d 677 (Tex. 1942) (voluntary association can govern admission and qualifications)
- Niday v. Niday, 643 S.W.2d 919 (Tex. 1982) (statute of frauds may apply based on duration; impossibility to complete within one year governs)