Legal Question in Real Estate Law in Texas
I am a board member of a Texas based Incorporated R.V. Club, where memberships are purchased. We are guided by a set of by-laws originating from the early 70's, and have been revised several times as needed. In our Obligation for Membership article, it states memberships may be terminated by affirmative vote of 5 of 7 Board members if the member or his membership is determined to be detrimental to the Club. ie; non payment of yearly dues, wich states "Members have 90 days from time of mail out to pay dues. They are delinquent after that and certified letter will be sent. 30 days later if monies are not recieved, their membership can be take away by the Club and put up for sale." My question is does the Campground Board have the authority to do this according to the by-laws alone or is it necessary for the Club to involve the state and or county, and or city legal system?
1 Answer from Attorneys
Private parties (like the club) can act under the terms of a valid contract.
If the contract is valid then there does not need to be state involvement.
You should consult with an attorney for a more in-depth analysis of your situation.
Good Luck!