Legal Question in Business Law in Florida

Re: Refused Membership

I'm not a FL attorney. A question: Is non-renewal the same as termination? You might want to take a look at that. I've had that situation occur in the employment context, specifically in the teaching profession. Some teachers' contracts are not renewed for the following year. That doesn't invoke due process concerns that early termination would. Just a thought . . .

Re: Refused Membership

The old saying applies: "anybody can sue anybody for anything". However, success is determined by the facts and law. If the board followed the rules and procedures, and had adequate grounds, then he can't win. You have to make a decision whether to stand on principle or cave to pressure. If you don't have insurance for the association that provides legal defense for such claims, feel free to contact me if the association wants real legal advice, and certainly if they are contacted by an attorney. You have my sympathies, I've been riding for too many years to count.

Re: Refused Membership

It is difficult to give you specific advice without being able to read the entire set of Bylaws. In order to expel a member, a nonprofit organization must follow it's internal rules and fundamental rules of due process. This typcially means notice to the member of the reasons for the termination of membership and an opportunity to dispute the reason for termination or nonrenewal before the board of directors.

Re: Refused Membership

Sounds like Florida law would apply. I would try to get advice from a Florida attorney. Generally, suits of this kind are threatened but do not materialize because there are no damages, and if they do actually get filed, the courts often but not always side with the organization rather than the member due to the belief or legal principle that the organization is voluntary and can exclude so long as it does not do so as a matter of discrimination against a protected class (i.e. based on race, religion, etc.).