Legal Question in Business Law in Virginia

corporate law

I have been a member of a non profit corporation for over 4 years. Voting, paying dues, fees, and maintaining the corporate property. The secretary of this corporation is now informing me that because an application was not submitted to the Board of Directors,(which is mentioned in the by laws), I am no longer considered a member. I do have the paper work which shows where the Board of Directors unamiously voted me in. Where all the Board of Directors ignored the application process.Leading me to believe that I was a member and treating me as such. What are my legal options in this manner? The secrtary was the one responsible for having the application subimitted. I had good faith, believing that what resolutions the board passed, and having the paperwork showing where all the directors voted me in. HELP


Asked on 2/27/09, 1:54 am

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: corporate law

Feel free to contact our office if you want help with this, 847.4444.

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Answered on 2/27/09, 5:57 am
Jonathon Moseley Moseley & Associates Law Firm

Re: corporate law

You would need to look at the ByLaws very carefully, but I would imagine that typically if the Board of Directors voted to approve your membership, then any defects in your application would be waived or over-ruled.

However, unless the Board is willing to tell the Secretary to go with your version, unfortunately you would have to sue them. You can do that. It is possible to do that (in theory).

Perhaps the nonprofit would agree to abide by an external attorney's review legally.

This might be a good case for mediation.

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Answered on 2/27/09, 5:40 pm


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