Mohamed

DISCUSSION

This is a strange case. The gist of Mohamed’s complaint is that the association is wrongfully denying him access to the club because the association has refused to issue him a club membership card for each of his vacant lots. The association, however, concedes Mohamed’s right to use the club; the association simply contends that he is not entitled to a membership card for each of his vacant lots. In other words, it is the association’s position that Mohamed has the right to use the club and he does not have to present a membership card to do so. Notwithstanding the association’s concession that he is entitled to use the club without a membership card, Mohamed nonetheless insists that a membership card is an absolute requirement for club use under the rules and regulations for the club (the rules) and thus the association’s refusal to issue him a membership card for each of his vacant lots is tantamount to refusing him access to the club. In light of the parties’ positions, the question on appeal is whether the CC&R’s and/or the rules can be reasonably construed as requiring a merchant builder to have a membership card to exercise his or her right to use the club. If…