RACV needs just over 50 per cent of members’ backing to take over Torquay Golf Club, according to the club’s lawyers.
Melbourne lawyer and club member Tony Joyce handed the advice to the club on Wednesday night, denting the hopes of members expecting the RACV would need 75 per cent support.
Club general manager Bill Laird said Mr Joyce had advised that the RACV did not need 75 per cent of members to vote in favour of its takeover offer, only to change the constitution.
But the constitution did not have to change for the club to sell to the RACV, Mr Laird said.
“When the RACV takes over, the constitution will no longer be valid. Torquay Golf Club as a commercial operation will no longer exist,” he said.
“Changes to the constitution need 75 per cent majority but the constitution will no longer be in place and new rules will apply.”
Mr Laird said the committee would send notices to members this week explaining why it backed the sale.
Mr Laird had earlier told the Independent that only an “overwhelming majority” in support of the sale would satisfy the committee.
“If we get a 50 per cent win then that’s fine,” he said yesterday.
“Legally, all we require is a simple majority.
“I still feel we will have around 80 per cent majority in favour of the RACV takeover proposal.”
Mr Laird said members had no further opportunities to discuss the takeover with the club or the RACV. The organisations ran an information session on Sunday.
Mr Laird said he would respect the vote on May 27.
“If the proposal doesn’t go through, the club will have to find a new way to go forward,” he said.
“This has been a long, drawnout process and we’re looking forward to getting back to being a normal club.”
The RACV’s $55 million takeover bid includes membership perks, accommodation facilities with 55 to 66 fivestar rooms, a new clubhouse and an upgraded golf course.
Members against the takeover said the incentives don’t outweigh losing ownership of their club and a busier course.