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We are an incorp assoc, a member (vice president) threatened…

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We are an incorp...

We are an incorp assoc, a member (vice president) threatened violence on another member (sending family members to beat him up). The member is lofdging a formal complaint with the police. The vice president also accused other committee members on social media of misusing funds. The committee members are considering defamation suits. These allegations are also hurting the reputation of the assoc with potential new members. The assoc committee wants to terminate the vice president’s membership as soon as possible. Does it require to give a warning to the member or is instant termination with a month for the member to show why they shouldnt be terminated lawful?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: What steps have you taken so far?

The committee held an urgent discussion where the complaint of a threat was highlighted with evidence produced. The committee agreed that the threat was serious to the other member and the behaviour not to be condoned. We are preparing a letter notifying the vp of terminating their membership

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Cost?

Submitted: 4 months ago.Category: Australia Law
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Customer reply replied 4 months ago
The vice president lives in Melbourne. The assoc is registered in Qld and awaiting an ARBN to operate outside Qld. Can the member from Melbourne’s membership be invalid if she resides outside Qld?
Customer reply replied 4 months ago
This is a newly formed assoc only formed in march where the president secretary and treasurer reside in Qld with 25 other members. The vice president held a meeting in Melbourne without consent by the committee to form a branch which is illegal but has used that to try to officialise her position as ‘president’ as reported by the posts on facebook.
Answered in 3 hours by:
4/1/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

You have to look at the constitution of the Association.

It will tell you when and how you can cancel a parties membership.

I do not think you can have a meeting without notifying all members in writing and giving them notice. The meeting held without notice would be invalid.

But again as I said earlier the constitution of the association is your rule book and if you do not comply with that then what ever is done is invalid.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Leon,
Im disappointed that you are answering a query that i was told was going to be answered by a Qld solicitor because they would be familiar with the Qld Model Rules. Your dorothy dix answer did not answer my question that can help us progress matters.
Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

The laws are the same in all states when it comes to these matters.

I am familiar with them but in addition to those most associations also have their own rules.

Rule 10 (3) (4) & (5) set out when a member can be removed

Here is what they say

(3) The management committee may terminate a members membership if the member—

(a) is convicted of an indictable offence; or

(b) does not comply with any of the provisions of these rules; or

(c) has membership fees in arrears for at least 2 months; or

(d) conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the association.

(4) Before the management committee terminates a members membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.

V6

(5) If, after considering all representations made by the member, the management committee decides to terminate the membership,

the secretary of the committee must give the member a written notice of the decision.

You can download them from the following link

https://www.qld.gov.au/law/laws-regulated-industries-and-accountability/queensland-laws-and-regulations/associations-charities-and-non-for-profits/incorporated-associations/running-an-incorporated-association/rules-for-associations

To remove a member of the committee look at clause 20

20 Resignation, removal or vacation of office of management committee member

(1) A member of the management committee may resign from the committee by giving written notice of resignation to the secretary.

(2) The resignation takes effect at—

(a) the time the notice is received by the secretary; or

(b) if a later time is stated in the notice—the later time.

V6

(3) A member may be removed from office at a general meeting of the association if a majority of the members present and eligible to vote at the meeting vote in favour of removing the member.

(4) Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office.

(5) A member has no right of appeal against the members removal from office under this rule.

(6) A member immediately vacates the office of member in the circumstances mentioned in section 64(2) of the Act.

Subsection 3 & 4 is what has to happen,

But generally most associations have stricter rules which they have as part of their constitution.

If you do not then you are locked in with these.

There is nothing in the rules that preclude a member from living in another state.

If you have allowed them to be a member then only the above rules can be used to remove them.

As they are a member of the committee, rule 20 has to be followed and once removed they cannot appeal.

You have to follow the rule and give notice and also you have to have a meeting to remove them as vice president.

If they have not followed the rules of holding a meeting they have to follow the rules and give the right notice etc.

I hope this is clearer and is of assistance.

But as I said the rules are all similar in all states.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

One further thing. If they have breached the rules relating to the calling of meetings etc you have to commence an action with QCAT to have the meeting declared invalid and any resolution passed in Melbourne set aside.

Because it is registered in QLD it is QCAT that as jurisdiction to deal with it.

I hope this assists further.

Regards

Leon

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Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

I am following up my last post

If you still need assistance please let me know and I will provide you with further information.

I look forward to hearing from you

Regards

Leon

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