LuaneH (Georgia)
Posts: 15
Posts: 15
Posted:
Ours is the social network only POA; no common areas, no services, no perks. There is no mandatory language pertaining to membership in either the CCRs, By Laws or AIs; verbiage used is "shall be open" or "shall".
Some members elected to resign under a clause in the Members Section of the By Laws (these contain 4 headings; Members, BoD, Officers, Misc)which reads,“The right or interest of a member shall not terminate except upon the happening of any of the following events – death, resignation, expulsion, dissolution or liquidation of the Corporation.”. In a pretrial hearing today the POA attorney stated that there "were no objections" voiced to these resignations, but that the members resigning would still have to pay future dues. I think he may be confusing arrears or currently due with future. It doesn't seem possible or logical to collect on non members.
I've been searching for a precedent and coming up empty.
Thanks in advance for any input.
Some members elected to resign under a clause in the Members Section of the By Laws (these contain 4 headings; Members, BoD, Officers, Misc)which reads,“The right or interest of a member shall not terminate except upon the happening of any of the following events – death, resignation, expulsion, dissolution or liquidation of the Corporation.”. In a pretrial hearing today the POA attorney stated that there "were no objections" voiced to these resignations, but that the members resigning would still have to pay future dues. I think he may be confusing arrears or currently due with future. It doesn't seem possible or logical to collect on non members.
I've been searching for a precedent and coming up empty.
Thanks in advance for any input.