Legal Question in Civil Litigation in Texas

Intrusive requirements for entity to maintain membership status

Unincorporated Associations became members in a local youth League. The League is a Texas Non Profit Corp. Assoc. had to agree to abide by League By Laws which would always take precedence over Assoc. By Laws. League Board has always been the coaches from each Assoc. League Executive Board is elected from that group. Now League has passed By Laws dictating only coaches are the Board of the Assoc. and totally eliminated ability of other members to run for office or vote for Board. Coaches vote on their own replacements. Translation: Only coaches in power. Then new policy (not specific By Law) that League Executive Board can punish and take control of all affairs of the Assoc. voiding voting rights of its Board. This gives the Executive Board dictatorship power over all Assoc. and coaches who vote for Executive Board positions. Do exactly what they want or else. No Assoc. wishes surrender of membership in League since that is main existence purpose. Fear and control issues negate coaches taking action. Are there limits to what this League can require and control in its member entities? Don't Assoc. members have rights under State Law to elect their own Board? Can a group of members of the Assoc. file a case?


Asked on 2/05/04, 6:36 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Intrusive requirements for entity to maintain membership status

Association members are free to do what they wish within the Association itself. The League bylaws govern the what and how of the League. A policy that runs counter to the bylaws can be disregarded.

Whether that's worth a lawsuit is really open to question.

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Answered on 2/06/04, 10:44 am


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