Are non-profit associations required to allow members to vote?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are non-profit associations required to allow members to vote?
We want members to partner with us to further our vision, while limiting voting to the Board of Directors only. How should non-voting membership be articulated in the by-laws?
Asked on August 14, 2011 Oklahoma
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First you need to carefully read the bylaws of this non-profit tax exempt corporation that have presumably been approved by the organizer of the corporation and other initial members in that its terms govern the protocol of how the corporation is run and how changes to the bylaws are made (notice requirements, number of votes required and the like).
If the thought is to have non-voting membership in the corporation, one has to think about the purpose of this, set forth a plan to implement such membership, hold a meeting to discuss such before the corporation's current board of dircetors who will then make a recommendation. If the recommendation is approved for non-voting membership to be added to the corporation's bylaws, then notice of the proposal is sent to all voting members for a meeting to vote either in person or by proxy.
The meeting is then held. If the requisite number of votes per the corporation's existing bylaws approve the request, the secretary memorializes such in the minutes and an addendum to the bylaws is created, signed by all voting members and placed in the books of the corporation with the corporate seal upon it.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.