Lead Stories

Attorney General Not Entitled To Notice of Tax Sale of Charity Property

Court says AG has no right, title, or interest in real estate simply because he has right to protect charitable interests

A taxing authority does not have to give notice of an impending tax sale of charitable real estate to the state Attorney General, an appellate court in New York has ruled. It has granted motions to dismiss a challenge to the sale of 14 separate parcels of land filed by an unincorporated charitable trust. (Turtle Island Trust v. County of Clinton, Supreme Ct., NY, App. Div., Third Dept., 2/26/15.)

Lawyer May Be Liable for “Oversight” In Failing to Have Client Sign Trust Change

Identifiable beneficiaries may have cause of action where it is clear an innocent party was injured

An attorney who failed to have a client sign an amendment to his living trust while getting him to sign amendments to his will and other documents may be liable for legal malpractice to family members the client wanted to favor over a number of charities, the Pennsylvania Superior Court has held. The Court has reversed a trial court dismissal of the claims and allowed the family members to pursue a malpractice claim against the lawyer and his firm. (E

Volunteer Protection Act Does Not Protect Against Sanctions for Contempt of Court

Court says VPA was intended to protect volunteers against ordinary negligence, not to curb courts’ contempt power

The Volunteer Protection Act does not protect volunteer directors from personal liability for contempt of court when they violate a court injunction, the Ninth Circuit Court of Appeals has ruled. The law was intended to protect volunteers against claims for ordinary negligence and not to interfere with the inherent powers of courts to enforce their orders. (Institute of Cetacean Research v.

Donor Lacks Standing To Enforce Conditions on Gift

Court says donor did not show that gift created trust

The donor of a charitable contribution has no standing to enforce conditions imposed on the gift when enforcement would require the recipient’s board of directors to declare a default on a loan made with the donated money, the Pennsylvania Commonwealth Court has ruled. (In re: Foundation for Anglican Christian Tradition, Commonwealth Ct., PA, 11/5/14.)

Court Says Suit Against Donors Violates Anti-SLAPP Law

Community members sought to stop Foundation from regranting gift to university for “commercial” project

A suit by a community association and two taxpayers against two donors and the Foundation of the University of California at Los Angeles seeking to stop a commercial development project by the university has been found to violate the Strategic Lawsuit Against Public Policy (SLAPP) law in California, in part because there was no showing that the plaintiffs had a chance of winning on the merits. (Save Westwood Village v.

Court Denies Member’s Request To Deliver Copies of Records

Statutes provide a right to inspect and copy but don’t require corporation to provide copies

A member of a nonprofit condominium association has a right to inspect the books and records of the association but not the right to have the association deliver copies of the records to the member’s office, an appellate court in Illinois has ruled. It has reversed a trial court decision granting the member’s demands. (Oviedo v. 1270 S. Blue Island Condominium, App. Ct., IL, First Dist., Third Div., No. 1-13-3460, 8/27/14.)

July Webinar

From Policy to Practice: Optimizing Your Nonprofit Personnel Handbook
Wednesday, July 9, 2025
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How good is your personnel policy handbook?

Whether your nonprofit has 10 employees, 200 employees, or more than 1000, you probably have a personnel policy “handbook.” You give it to new employees and require that they sign to acknowledge receipt.

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Does it cover available leaves? Disciplinary procedures? Remote work? Whistleblower protections? Conflicts of Interest? Social media policies?

Does it protect your ability to change the policies? Do you have a way to update it regularly, with changes going to all employees?

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Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

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SAY THAT AGAIN?

May 30, 2025

The loan agreement says: “All contractual rates of interest chargeable on the outstanding Term Loans shall continue to accrue and be paid even after default, maturity, acceleration, judgment, bankruptcy, insolvency proceedings of any kind or the happening of any event or occurrence similar or dissimilar.”

A former banker friend says that “any event or occurrence similar or dissimilar” is some lawyer “fancy talk” for “the kitchen sink!”

See our "Say That Again" collection

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This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
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