Hello Fellow NCCSC Members, 5-July-2015
First, pursuant to PA State Law, the members of a non-profit corporation may obtain the organization’s membership list and contact their fellow members regarding the conduct of the corporation’s business. As the PA Commonwealth Court stated in STO-ROX FOCUS ON RN Corp. V. King “the Supreme Court held that a member of an incorporated association was entitled to inspect the membership lists in order to oppose organization policies and the election of incompetent officials and to advocate new directors”.
In an effort to renew my membership, I noticed the new hold harmless agreement. In my opinion, the new hold harmless agreement is poorly written and unenforceable. Among other issues, I do not believe the club can legally prevent a member from paying their dues if they do not sign this form.
In addition, the board is attempting to pass major changes to club by-laws. I believe this action is contrary to PA State law as the law requires members receive sufficient notice of a vote to amend the By-laws and receive a copy of the proposed changes. Per Title 15,section 5504 “In the case of a meeting of members, written notice shall be given to each member entitled to vote that the purpose, or one of the purposes, of a meeting is to consider the adoption, amendment or repeal of the bylaws. There shall be included in or enclosed with the notice a copy of the proposed amendment or a summary of the changes to be effected thereby”. I do not believe posting on the website constitutes notification of all members. Additionally, I believe the proposed changes provide the board with unlimited and unchecked discretion to expel any member who disagrees with them. Proper By-laws should be drafted by an attorney to provide structure, clarity and to properly protect the membership from abuse by the elected board members.
I suggest you read them carefully as they affect your rights as members. Please attend the July 6th meeting and vote No to the proposed changes.
John M. Muller
Member NCCSC 2006-2015
Membership Secretary 2008-2014