Can a nonprofit cancel a person’s membership because of a disagreement between some board members who are also volunteers? It is basically a personality problem.
The process and cause for expelling a member are usually set out in the state nonprofit corporation law or the bylaws of the organization or a combination of both. Ordinarily, a court will not interfere with the action of an organization in expelling a member if the organization follows its required procedures and provides some modicum of due process. (See article this issue, February 16-28, 2010.) If the organization acts arbitrarily, however, a court is much more likely to overturn the action.
Tuesday, February 16, 2010
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