Webster, NY asked in Business Law for New York

Q: Golf club membership

Non charitable domestic non profit golf club. The 2018 outgoing President facilitated a board meeting where a 4 yes, 4 abstain (President) and 1 no of entire board of 9 changed the membership dues application age eligible date by 1 day to allow the President’s son to receive a 53% reduction in 2018 membership dues over 1month after dues billings were sent to members. The President ‘s son was the only individual receiving a discount. Conflict of Interest. I was threatened with removal from the Board at this evenings regular board meeting for pursuing the collection of the 53% balance due. 5 of 9 of the 2018 directors voting yes or abstaining are currently on the 2019 board. I am aware of abstentions in Robert’s Rules (RONR) but our by-laws generally vote majority or 2/3 vote of the entire board.

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: You can have an attorney review the Board rules and facts related to this incident. It does like a conflict of interest and breach of fiduciary duty at first glance, but more details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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