Join the 9 million people who found a smarter way to get Expert help

Recent Bylaws questions

State of Illinois not-for-profit/501(c)(7) organization.

State of Illinois not-for-profit/501(c)(7) organization. Currently, our bylaws have a Married class of membership, defined as follows: Married membership shall be for a man and woman married to each other. Is there any requirement under Federal law given the Supreme court's ruling legalizing gay marriage nationwide or state law, that we need to revise the definition of our Married class of membership? It appears under 501(c)(7) we cannot discriminate based on race, color or religion and doesn't say anything about gay marriage or even gender. I didn't see anything in the Illinois statute about non-discrimination on the matter either.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
I have a cooperative in NY where there is a dispute over

I have a cooperative in NY where there is a dispute over whether the Lessor cooperative has a secured interest right. I looked at a copy of the share of stock and noticed that it did not meet this requirement:UCC 8-103, entitled "Issuer's Lien," provides that: "A lien upon a security in favor of an issuer thereof is valid against a purchaser only if * * * the security is certificated and the right of the issuer to such lien is noted conspicuously thereon."I got this from a case ALH PROPS. v. 306-100TH ST•86 N.Y.2d 643, 648 (N.Y. 1995)This cooperative does not have a cooperative addendum either filed with a UCC filing.After reading this case and the issue I am having with the cooperative, who I found out does not have a copy of the share or lease agreement am wondering how they can enforce any claim against me on its face alone. Does this not create a question, or questions that the cooperative would have to overcome if it has neither, and if the shares themselves have no codification c;early stating they have a secured interest?

Read more

Damien Bosco

Attorney

Doctoral Degree

3,080 satisfied customers
If a condominium was never registered and no declarations

If a condominium was never registered and no declarations were submitted, can by-laws be enforced?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
I am a founder and president of a non profit organization. I

I am a founder and president of a non profit organization. I truly need to protect what I've started. The officers are asking that we have a 3 year term of office, however I've invested time, my own person money to help the organization grow. How do I protect what I've started?JA: Can you tell me where the nonprofit is registered?Customer: Chicago, IllinoisJA: Has anything been officially filed? If so, what?Customer: Articles of incorporation, but no by laws yet!JA: Anything else you want the lawyer to know before I connect you?Customer: I think that's all

Read more

AttyHeather

Attorney

Juris Doctorate

978 satisfied customers
I am the member of a non profit board and was criticized for

I am the member of a non profit board and was criticized for doing a good deed for a neighbor because it could have been construed as a board action. I made it clear that I was not acting as a board member. Can my membership in an organization preclude my rights as an individual?

Read more

AttyHeather

Attorney

Juris Doctorate

978 satisfied customers
Writing bylaws for a NPO in Maryland. We currently have 5

writing bylaws for a NPO in Maryland. We currently have 5 directors, 3 that actually manage the group. can we have a pres, vp1 and vp2. vp1 also serves a treasurer, vp2 also serves a secretary OR can the Pres also serve as sec or treasurerJA: Because laws vary from state to state, can you tell me where the company is registered?Customer: marylandJA: Has anything been officially filed? If so, what?Customer: we recently obtain IRS determination letter.JA: Anything else you want the lawyer to know before I connect you?Customer: very small charitable performing arts org. had to "reorganize' upon death of founder. want all ducks in a row to solicit/accept donations

Read more

Damien Bosco

Attorney

Doctoral Degree

3,080 satisfied customers
I want to expel a member from a Texas 501(c)3 organization

I want to expel a member from a Texas 501(c)3 organization that I am currently the Acting Director of. Bylaws have no provision for expelling members and simply state that membership is open to "any adult person who clearly manifests agreement with the Mission of the Community and agrees to participate in and support the Community's activities furthering that Mission." Here's my letter to him. What can he do to fight back? Is this letter weak and should parts of it be better worded to avoid opening ourselves to further attack?Ahmad Zamer:You have been found to be in repeated violation of items 3, 5, 6, and 10 of the "Netiquette Golden Rules" adopted at ICPR's General Meeting on May 12, 2016 (link below). Most recently, your accusations that ICPR "locks Palestinian refugees out of its meetings" and of "rampant exploitation of the group for personal financial gains" are outrageous and completely unacceptable. This is in addition to continuous defamatory remarks about some of ICPR's members and about ICPR itself, on and off list.More importantly, ICPR's bylaws stipulate that "Membership in the Community is open to any adult person who clearly manifests agreement with the Mission of the Community and agrees to participate in and support the Community's activities furthering that Mission." The Executive Committee has found you in consistent violation of this and sometimes doing the opposite; trying to obstruct ICPR's work, including blocking ICPR's event announcements from ADC's members and followers as well as smearing ICPR, its partner organizations and its events (including KinderUSA, Reach Education Fund, Run 4 Palestine, and the Mads Gilbert event).Therefore, the Executive Committee has decided to terminate your membership in ICPR. Your dues for Sept.-Dec. 2016, along with Susan's dues for May-Dec. 2016 will be refunded; a check will be in the mail shortly.As per the recent retreat you attended, ICPR and its Executive Committee does not seek any fight with you and generally prefer conflict resolution. If you still have grievances or concerns, please articulate them in an email to the Executive Committee at***@******.***.Sincerely,ICPR Executive CommitteeICPR's Netiquette Golden Rules:https://docs.google.com/document/d/1jXpsD4Q4eUBegd8D5oSTVTdZmxBpD7BH1pYaKbN8Cak/edit?usp=sharing

Read more

Richard - Bizlaw

Juris Doctor

9,800 satisfied customers
The condo association requires every property owners to

The condo association requires every property owners to replace windows at their own cost. Below is the answer from the association when the owner asked why it is necessary to do so. The improvement is not the requirement of any city by law.The question is also about why it takes so long (i.e. from 2013 to 2016) to enforce such a rule. The cost of the property is about thousands of dollars. Any chance to challenge this? Have to sign the contract, otherwise the association will sue and the property has to pay the legal bill if the case go legal action. So far, I am getting conflict answers. One says this is excess requirement and can be challenged legally. The other answer is that the association by law has the authorization to enforce the decision."In 2013 the board of directors legally voted at a board meeting for the owners to get the same windows so that the property looks uniform. Please refer to your updated rules and regulations on page 38."

Read more

MIAMILAW1127

Partner

Juris Doctorate

1,484 satisfied customers
How to distribute shares of a newly formed a Delaware Corp?

I am looking into transferring stock from my Delaware C-corp to individuals I ordered my first incorporation online today I was stuck with that question.

Read more

Damien Bosco

Attorney

Doctoral Degree

3,080 satisfied customers
View more business law questions
In The News