Q: We are a non-profit booster organization. We are attempting to compel a former treasurer's refusal to return documents.
A:
Under California law, a nonprofit organization has the right to access and retain possession of its official records, including financial documents handled by its treasurer. If a former treasurer is refusing to return such documents, the organization can initially try to resolve the matter through direct communication, clearly stating the necessity and legal basis for the request. It might be beneficial to outline the potential consequences of their refusal to cooperate.
Should this approach fail to yield results, the organization has the option to pursue legal remedies. This can include sending a formal demand letter, which often serves as a strong incentive for compliance. The demand letter should be precise about the documents required and the legal obligations of the former treasurer to return them.
If the former treasurer continues to withhold the documents despite these efforts, the organization may need to consider filing a lawsuit for the return of the property. This legal action could compel the former treasurer to comply with the request. While taking legal action might seem daunting, it's important to protect the organization's interests and ensure it operates transparently and within legal guidelines. Consulting with a legal professional can provide guidance tailored to the specific situation and help navigate the legal process effectively.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
