Membership Disputes In Voluntary Associations

Many community-minded people participate in voluntary organizations, such as common interest groups, professional organizations, sports leagues and religious organizations. Common interests bring these groups together. However, situations can arise where one member disrupts the organization by failing to follow the rules or guidelines, or otherwise gets in the way of the group's activities or governance.

Human nature being what it is, often the organization becomes reactive and simply bans the disruptive individual from participating in the organization's activities or operations. This reactive stance can be problematic from a legal perspective. It is important for these organizations to know the possible outcomes of these disputes, and what an organization can do to protect themselves.

Depending on the nature of the organization, members are entitled to certain procedural rights. If members are entitled to procedural rights and the procedural rights are not provided, the disciplined or former member may be successful in a court application to overturn the organization's decision. This can be so, regardless of the best intentions of the organizations in the dispute process. The result can be a court decision reinstating the disruptive member to his former participation or position.

When are "procedural rights" available to members of voluntary organizations? The first thing the courts look at is the nature of the organization. Organizations that regulate individuals' "property or civil rights"1 may be subject to review. "Property rights" are engaged, for example, when an organization regulates where an individual is entitled to live or own property. "Civil rights" can apply to organizations that regulate the practice of a profession. In other words, property and civil rights are engaged when a person cannot live in their home or work in their profession unless they are a member of the organization.

In examining whether association members are entitled to procedural rights, courts have occasionally extended the categories by describing these rights as "quasi-property" or "quasi-civil" rights. Membership in a yacht club that entitled members to moor their boats at the club was close enough to engaging property rights to entitle a member to procedural rights.2 Membership in a church organization that allowed members access to cabins was held to be "quasi-property" rights.3 "Quasi-civil" rights have included membership in a professional...