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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117439
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Recently I bid on a sale of property. It is an elks lodge

Customer Question

Recently I bid on a sale of property. It is an elks lodge building in southeast Oklahoma. I responded to the ad as did others. I waited 2 weeks until the lodge met again and heard nothing. I received a letter in mail stating that the lodge building will be sold and the lodge needed the members approval to sell at this price.
When I began to investigate I found out that the trustees made the decision to take this offer instead of mine. During my investigation I also found out that the Chickasaw Telephone Company had made an offer of 100 thousand dollars. It was rejected and sent back for a chance to rebid. Trustees took a bid of 155 thousand. Basically giving the Chickasaw Telephone Company a second chance. I believe conspiring to do something illegal.
My bid was for 167 thousand dollars with 67 thousand dollars cash up front, for the elks to pay for back taxes. 1200 dollars a month for 4 years equals the 67 thousand. at the end of four years they would be paid 100 thousand final payment. also they could use the buildings lodge hall to conduct their required meetings every Thursday. Further they could maintain their existing proshop there in a certain room. and finally all members that were paid elks members would receive discount on food and libations during that four year period. Effectively the same as before without the management nightmare that had gotten them into the mess they were in.
I feel I have been wronged in not being able to get a second chance for a bid. I wonder would you be able to handle this case. The lodge has been spending money and will be broke in another year. all the assets will be lost and stolen with no one to account for.
The lodge has 100 thousand dollars left at this time. I have notified the Grand Lodge of this situation and they have chose not to police their subordinate lodges. I think from the fact they think I will go away.
I also find that the Grand Lodge is complicit as well. they have millions and millions and lawyers which are numerous.
I have exhausted the courts of the elks order, as I am required to do and now can freely seek justice outside the courts of the order, in civilian courts.
I feel they will settle easily and quickly if a civil action were brought against the.
I also fee that some of the richer person want the golf course, after the lodge fails for the personal gain. I feel that it would be worth, after development over 20 million dollars. These persons are trustees and I feel don't have the power to do what they have done, (ignoring my bid and others without getting second offer to rebid). I also feel their decisions were based solely on their intentions of taking the golf course and selling it to the Chickasaw Nation and or developing it for their on personal gain. I would hope they could be named in the lawsuit as well.
I do not care too much about the money as with saving our lodge from closing.
And finally should I contact the States Attorney General since there has been so much NON compliance with this non profits By laws and Statues.
Roger D Goodman
Tyler 2 years, inner guard 1 year, Loyal & leading Knight 3 years, Secretary 4 years, Treasurer 2 years, Exalted Ruler 1 Year, Trustee 2 years (1 ½ years) and am a voting member of the Grand Lodge totaling 15 years of service as an officer of Sulphur Davis Elks Lodge 2079 and many other committees in the past 23 years. Vietnam Vet and 42
year member of Benevolent & Protective Order of Elks.
Thank You for your time
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did this bidding process violate the lodge bylaws or national bylaws? I am asking because they are not a governmental agency, so those governmental bidding laws do not apply and in order to have a legal cause of action regarding how the bid was conducted and the offer they accepted, you have to prove they violated some law or in this case their own bylaws or national bylaws.

If you have evidence of self dealing on behalf of the trustees, who have a fiduciary duty to the organization, then this would also be a legal basis for a challenge in the courts against them for breach of their fiduciary duty to the membership and the organization and this would need to be brought by attorney representation against the trustees on behalf of the membership/organization for breach of fiduciary duty and you would need to obtain an injunction against them to prevent the sale from taking place.

The Attorney General will generally refer these matters to the civil courts unless you can show a statutory violation (yes they are a non-profit, but sale of property and the bidding process is up to the organization rules and bylaws as they are not under the government bidding process laws).

Customer: replied 1 year ago.
Did this bidding process violate the lodge bylaws or national bylaws? I believe so. I have the statues and bylaws in front of me and basically if the bylaws and statues do not spell it out it is covered under civil law of the state you live in. for example las vegas you can have slot machines in your lodge but not in oklahoma. Specifically, the trustees are our agents and they sign and implement ALL contracts, APPROVED BY THE members. In this instance the membership were not privy to the other two bids nor were they even mentioned, except in trustee meetings, maybe, I don't know the keep us out of them and the minutes are vague and incomplete, if kept at all ( another violations of the statues and by laws.)I am asking because they are not a governmental agency, so those governmental bidding laws do not apply and in order to have a legal cause of action regarding how the bid was conducted and the offer they accepted, you have to prove they violated some law or in this case their own bylaws or national bylaws.I am reminded of a construction bid in Alaska that one company was awarded the contract for millions of dollars and the other contractor sued. what the klux of it all was that the winning company did not have an item quoted that was supposed to be quoted on the bid, there by leading to a lesser bid. I know the company intentionally left off that item and if the losing company had not filed suit no one would have ever known. This is the situation now, no I do not know if these persons will inherite the golf course worth millions but it looks like this is the only senerio when the lodge goes out of business or ie looses it charter. one of the trustees is an heir to the golf course should it ever cease to exist.In the courts of our order Fob Jones was the presiding justice (of which I think will gain as well he has property next to the golf course, and a local attourney that did not even know he was presiding justice until I filed the charges). dismissed my case, on grounds that not even judiciary at the Grand lodge knows. but I must appeal costing 250 - ???/ to even get it heard by the Grand ForumIf you have evidence of self dealing on behalf of the trustees, who have a fiduciary duty to the organization, then this would also be a legal basis for a challenge in the courts against them for breach of their fiduciary duty to the membership and the organization and this would need to be brought by attorney representation against the trustees on behalf of the membership/organization for breach of fiduciary duty and you would need to obtain an injunction against them to prevent the sale from taking place.I did this by charging the President and special rep from grand lodge and Jones dismissed it prior to it going to forum.I thank you for your time and would like to ask you the following
could you our any lawyer send, like a letter of inquiry to the President of the lodge, requesting information on my behalf, to let them know that civil actions could be forthcoming, (rather it is or not). ie like I have hired you to check into this, so you could better understand situation and able to better represent me.
could that same letter be sent to the trustees and grand lodge representative.
I had 30 days to appeal but no notification as to it being read on the floor or final dispensation of dismissal by Presiding Justice Fob jones have been sent to me. it is 30 days after it is read on the floor and entered into the minutes.The Attorney General will generally refer these matters to the civil courts unless you can show a statutory violation (yes they are a non-profit, but sale of property and the bidding process is up to the organization rules and bylaws as they are not under the government bidding process laws).Thanks and any further guidance will be appreciated.
anyway thanks again for your time.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You "believe so" but if the bylaws do not state it, in OK there is no bidding process that must be followed for a private club, only bidding laws are for government entities. So you need to look to the bylaws/rules.

They can hold closed meetings only for executive sessions. Executive sessions can only be held to discuss personnel matters or legal matters or contract details. So, if they did not discuss the bids in the public meeting, you may have a violation of the open meetings laws.

Also, if you can prove that there is some internal self dealing by the trustees, then that too is a basis to attack the bids.

In the future, please to not copy and paste my replies into your replies, it makes it very tough to go through them in the new system as it just throws everything together and it makes it hard to read through.