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i belong to a motor cycle club . What is required for any

 
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  • Answered by:Sydney-Lawyer
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Customer Question

i belong to a motor cycle club .
What is required for any alterations to the everyday running of a club as we have had two members make a drastic change without consulting its members

 

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State/Territory: Vic

Already Tried:
liasing with the parties concerned, but told if I don't like it to leave

Submitted: 285 days and 18 hours ago.
Category: Australia Law
Value: AU$99
Status: CLOSED
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Expert:  Sydney-Lawyer replied 285 days and 18 hours ago.

Good Morning

Is this alteration, an alteration to the constitution of the club?

Do you have a copy of the constitution (club rules)?

Customer replied 285 days and 17 hours ago.

1. Yes


2. No we were not given any but told we run on protocol which nobody has seen a copy of that either

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Expert:  Sydney-Lawyer replied 285 days and 17 hours ago.

Good Morning

What they have done may not be permitted. In order ot be 100% certain you need a copy of the constitution.

If it is a registered association, and they refuse to give you the constitution you may have to commence proceedings with VCAT as members and seek orders that they provide the constitution.

Your application would be for VCAT to determine if the changes have been implemented correclty and if they are legal and binding.

Once you lodge you would issue a subpoena for the constitution to be provided.

Before you do this you may want to contact the department of Consumer Affairs and see if they are prepared to investigate for you or have a mediation.

If you have not asked for a copy, then ask for one before you do any of the above.

Make sure everything from now on is in writing so you have a record.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

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Customer replied 285 days and 16 hours ago.

how many financial members have to be present at a meeting to make alterations that affect the club

Accepted Answer

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Expert:  Sydney-Lawyer replied 285 days and 16 hours ago.

Good Morning


I cannot answer that without reading the constitution.

It would set out what a quorum is (minimum number required).

You need to get that so you know what the structure is and what can be done.

Any changed should also require 14 days notice of the meeting to all members.

If they have not sent out notifications they are in breach. All this is in the constitution.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16651
Answered: 7/1/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied 285 days and 16 hours ago.

another question, if all this turns sour what procedure & regulations do we have to follow to form a breakaway club

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Expert:  Sydney-Lawyer replied 285 days and 16 hours ago.

Good Morning


I do not understand what you are asking.

Are you saying if they have done the right thing and you dont like it can you start another club?


Customer replied 285 days and 15 hours ago.

no what they did, was register the club under another name and we are operating under these two name. Its all been documented and done legally, but we are concerned because there was no communications between the members about this name change.


So we are considering to form another club because they are adamant they haven't done anything, the main argument is they didn't consult all the members and did it off their bat.


we requested an extra ordinary meeting which these two members are saying is not needed because they say they did it in the best interest of the club.


NOTE: they have changed the category requirements to be a member of this club

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Expert:  Sydney-Lawyer replied 285 days and 15 hours ago.

Good Morning


Ok

Again hard to say if they are allowed to do that. It is all in the constitution on whether it can be done.

If the constitution is silent then I cannot see any reason to stop them. But If the 2 are running together the majority should consent.

If they committee did it without consulting, this can only be done if they are permitted under the Constitution.

What they are saying is incorrect. You can't do things that are not permitted or cannot be backed up under the constitution.

The last thing, changing the criteria, they have to get it agreed to by the members.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 285 days and 14 hours ago.

i still need to know the requirements to form a breakaway club, minimum number of members and the procedure to form this club, I do know we have to be incorporated, we want to keep our original identity which is Australia wide but to form another chapter using this identity

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Expert:  Sydney-Lawyer replied 285 days and 14 hours ago.

Good Afternoon


To have a registered club in Victoria you require at lease 5 members

The other requirements are set out at the following link for Consumer Affairs in Victoria

http://www.consumer.vic.gov.au/clubs-and-not-for-profits/incorporated-associations/become-an-incorporated-association

As you can see they need rules and you need a copy of the original ones to see if they can do what they did.

You may be able to get them from Consumer Affairs if they are required to be registered.

You may not be able to use the name though because it is already in use. This will be your only issue in setting up a new one.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.



 
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