It is unclear to any of us whether these procedures were ever followed. From the association by-laws it states that a member may sell his real estate in this association to whoembver he deems a suitable buyer, provided that such buyer qualifies and is acccepted for membership in accordance with these bylaws. In SECTION 2. Right of first refusal. Within 10 days of the decision by a member to sell his real estate in the Association he shall notify the President or Secretary of the Association in writing that his interest in such real estate is for sale. Such notices shall specify the name and address of the prosepective purchaser and the terms and conditions of the purchase. Each member covenants and agrees that the Assoication shall have the first right and option to purchase such real estate at the same price and on the same terms and conditions as set forth in such notice. The board of directors, with the approval of the membership, shall determine whether or not to excersise such option. Within thrity days after receipt of such notice, the Secretary shall notify the member of the decision of the Association as to the exercise or non-exercise of such option.
Due to the confusion that first year, I believe that David Meyer did notify the camp when it was first determined that the cottage would be sold. The fall of '07 was ripe with motions, back and forth and back and forth. The order to sell to David Symons was made and then we filed for appeal. This put things on hold. Again, with the appeal being denied (didn't have a final order and the court of appeals refused to hear the appeal).. I think things got sort of lost in the dust. Zooming ahead a year, enter the Radke Trust. This was news to us and under the circumstances of the new purchaser, only the board would know if the notice to purchase was ever presented for first right of refusal. We have no paperwork on this.
As spelled out in the by-laws, transfer of ownership between immediate family starts with the person whose name is on the deed. From that person or persons the property can be trasferred, without a fee, to the spouse and to their issue.
(The question remains.. is the Radke Trust considered a spouse?) In real estate terms, no. It is an entity and therefore, subject to certain transfer taxes, etc. As far as the association goes?? I'm sure it was handled professionally and with utmost care considering the relationship of the owner/president, etc. Perhaps someone from the board could validate that this transfer of ownership was handled appropriately? Notice to members, etc.?
I suppose the annual meeting will address whether there was a transfer fee imposed. Did the association board and its members vote on this transfer of ownership?