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Tuckerton Beach Club v. Bender

Decided: May 10, 1966.

TUCKERTON BEACH CLUB, A CORPORATION NOT FOR PECUNIARY PROFIT OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CLARENCE H. BENDER AND IRENE O. BENDER, HIS WIFE, CLIFFORD W. PRICE AND MARGARET JANE PRICE, HIS WIFE, HARRY N. LUTZ AND HAZEL LUTZ, HIS WIFE, DEFENDANTS-APPELLANTS



Sullivan, Lewis and Kolovsky. Sullivan, S.j.a.d.

Sullivan

[91 NJSuper Page 168] This case, in essence, involves the validity of certain restrictions and covenants contained in the deeds of some 500 property owners in a development known as Tuckerton Beach, Ocean County, New Jersey.

The covenants and restrictions are as follows:

"All property owners in this development are required to be members of a property owners' association known or to be known as 'Tuckerton Beach Club' or similar name and to faithfully abide by its rules. No sale, resale or rental of any property in Tuckerton Beach shall be made to any person or group of persons who are, have been, or would be disapproved for membership by the said club.

Being a private club, the Tuckerton Beach Club shall make such rules as it deems necessary pertaining to persons eligible for membership and any other rules or regulations it chooses.

The Tuckerton Beach Club shall each year collect from its bona fide member lot owners or lot lessees the sum of Twenty Five ($25.00) Dollars per lot owned or leased by each member, except as modified by Charter membership privilege as hereinafter defined.

One half the yearly charges thus made are to be paid yearly to Tuckerton Beach, a corporation, the beach owners, as yearly consideration and payment for the use of the Club House and bathing beach and lagoon to be leased to the Tuckerton Beach Club.

The use of the Club House and bathing beaches designated on plan of Tuckerton Beach are for the exclusive use of members in good standing of the Tuckerton Beach Club and/or guests, and/or tenants of such members.

The Tuckerton Beach Club shall lease on long term the bathing beaches, Club House area and Club House designated on plan of Tuckerton Beach, from the owners of said beaches, areas and buildings.

All covenants contained herein are to run with the land and shall be binding on all parties and persons claiming under them until January 1, 2000, at which time the said covenants shall automatically extend for an additional period of fifty (50) years, unless by vote of the majority of the members of the Tuckerton Beach Club it is agreed to change said covenants in whole or in part."

Under the original by-laws of the club, the membership committee, consisting of three club members, had absolute discretion to admit or reject any application for club membership. In July 1964, during the pendency of the present suit, the club adopted or attempted to adopt an amendment to the by-laws which would make merely a properly completed application to the club and the payment of the first year's dues the sole requirement for membership.

The Tuckerton Beach development was commenced in 1955 and continued until 1960 when the various developers went into bankruptcy. In 1961 ...


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