Legal Question in Real Estate Law in Massachusetts
officers of a club
A nonprofit club has been unsuccessful in persuading any of its members to accept an office. The club therefore has no officers. This club owns a building that they want to sell. How can the members sell it without officers?
2 Answers from Attorneys
Re: officers of a club
It will depend upon the nature of the club. Assuming that its nonprofit status has been recognized, and assuming that the building was originally received as a gift, possibly with restrictions, it may require the involvement of the Attorney General's office (Public Charities).
As far as initially approving the transaction, it would be necessary to review the articles of organization and or bylaws of the club to determine what is required. If this is the first step in dissolving or reforming the club, the AG's office will likely have an interest.
In any event, the club should retain legal counsel to advise it on the proper procedure given its circumstances.
Please contact my office if you would like to arrange an appointment.
Re: officers of a club
First, if they sell the property; it is highly likely the proceeds will have to go to a charitable purpose.
You need officers or Directors to authorixze someone to do it. Alternatively you can file a petition with a court and have a receiver appointed to take over the non-profit and liquidate its assets.
It would be easiest to appoint someone to sell the property for the Non-Profit.