Court Requires Notice To Suspend Voting Rights

Automatic suspension provision of bylaws contravenes New York state law requiring notice

A trial court in New York has ruled that voting privileges of members of a nonprofit corporation cannot be suspended automatically for failure to pay required dues, despite a bylaw provision it interpreted as providing suspension without notice. It said the state’s Not-for-Profit Corporation Law required “reasonable notice” to enforce collection efforts. ( Abraham v. Diamond Dealers Club, Supreme Court of NY, NY County, No. 10263/2009, 3/1/10 .)

lock The full text of this article is available to paid subscribers only. Login or subscribe to read more

Winter Sale

Sign up now for a one-year discounted subscription for $90
New subscribers will gain access to significant discounts on some of our most popular 2024 webinars

Become a full-access subscriber to Nonprofit Issues®, and you'll have immediate access to every new article as it's published on our website, and our complete archive of more than 17 years of each edition of "nonprofit law you need to know."

If you are a nonprofit director or executive, one practical tip could easily save you thousands of dollars in legal fees by reducing the risk of litigation. If you are a professional adviser, you can keep abreast of the latest legal developments in nonprofit law and our critical insights.

Start your subscription today

Webinar Sale for Subscribers!

10 Select 2024 Webinars are now 1/2 Off - Price reduced to $44.50. Sale ends January 6, 2025

Nonprofit Mergers, Acquisitions and Dissolutions
Workplace Violence Prevention, Preparedness and De-Escalation Techniques
IRS Form 990: Public Relations Opportunity or Trap for the Unwary?
Charitable Giving: Whether, when, and how much of your gift is deductible
Special Event Fundraising: Keeping on the right side of the law
Avoiding the Adverse Consequences of UBIT
Six Critical Policies for Nonprofits
Lobbying and Electioneering for Nonprofits
State Charitable Solicitation Statutes: Everything You Wanted to Know But Were Afraid to Ask
Fiscal Sponsorship: For the Funders, Sponsors and the Sponsored

Buy now and listen at your convenience

January Webinar

Bylaws: The "Constitution" of Nonprofits - The Art and Science of Making Them Work
Wednesday, January 15, 2025
1:30-3:00 PM ET

Do you have nonprofit bylaws that work?

Well-written and formulated bylaws help shape power relationships within a nonprofit organization, provide unambiguous procedures to prevent disputes, and reduce the risks of litigation. Bylaws should provide answers, not raise questions. Come with questions and leave with clarity and confidence in being able to recognize a workable document.

Learn more and register

Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

Learn more

New Subscribers can have full access to the entire website and all editions for 3 months for only $17.95.

Subscribe Today

Here's what our readers say about Nonprofit Issues:
Thanks again for your excellent and helpful website - it's a wonderful resource for the non-profit community! --Stephanie H.

Thank you for your informative and keen advice on nonprofit matters. I believe it's a unique and concise place to get answers to this often wispy area called nonprofit. --Richard T.

SAY THAT AGAIN?

October 29, 2024

Marketers love to make their prospects feel special. But they sometimes don’t seem to want you to think about what they say to do it.

I received two items recently that made me wonder what they were thinking.

I got a package of discount coupons in the mail that touted a “specially curated” set of offers. I thought they might have my personal interests at heart until I saw it was addressed to “Resident.”

I also got a text message saying that “Kellyanne Conway wants YOU and only YOU to know what the latest polling shows” about the Presidential election. I could click the link to read the “exclusive” memo.

And I will be the only one to know? Really? Do they really think the recipients are that stupid?

See our "Say That Again" collection

Special Report Available

Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
Download the full report free

YOUR ONE-STOP PLACE FOR NONPROFIT LAW YOU NEED TO KNOW

Court Requires Notice To Suspend Voting Rights

Court Requires Notice To Suspend Voting Rights