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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35868
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We live in a small CA senior mobile-home park and have a

Customer Question

We live in a small CA senior mobile-home park and have a non-profit corporation established for our recreational and meeting needs. Within the past year 18 families have moved in who are from one church group and never come to any events. We had a meeting with them and invited them to become involved. They indicated that they intend to open their own non-profit group because they don't understand our English language, nor the flyers we send to each home site's community mailbox reminding everyone of upcoming events. what is the law about this?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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There is nothing that would prevent them from establishing their own non-profit entity as long as they can prove that they are not a for profit enterprise to the IRS. The section you are referring to is about "clubs" in CA and while they wouldn't qualify as a "club" under that definition, they could still have their own non-profit. Clubs generally are seeking things like alcoholic beverage licenses and other types of licenses like charitable gaming licenses.

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Under California law, a nonprofit board may be composed of as few as one director, but the IRS is unlikely to grant 501(c)(3) status to a nonprofit with only one director and most nonprofits have anywhere between three and 25 directors.

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So they can start their own non-profit, it just couldn't be a legal "club" under CA law until they reach those requirements.

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thanks

Barrister