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Conditions of Membership

An association has the power to enact laws governing the admission of members and to prescribe the necessary qualification for membership.[i] Membership in an association is a privilege which may be accorded or withheld.  It is not a right which can be gained independently and then enforced.[ii] Hence, the courts cannot compel the admission of an individual into such an association.[iii] If an application for membership is refused, the person applying is entirely without legal remedy no matter how arbitrary or unjust the exclusion.[iv]

Admission to an association is a matter within the complete and exclusive purview of the association.  The right to be a member of an association is not conferred by any statute.[v] Also, it is not derivable, as in the case of an incorporate body. It is through the action and the assent of members of the association that one becomes associated with them in the common undertaking, and not by any outside agency or by the individual’s action.[vi]

An association possesses inherent power to prescribe qualifications regulating the membership of the organization.[vii] Associations have the right to make their own rules regarding the admission or exclusion of members and these rules are considered articles of agreement to which all who become members are party to.[viii] Further, such bodies may impose terms and conditions upon the membership as they may choose and members should comply with these terms and conditions in order to be entitled to the benefits of membership.[ix]

Ordinarily, a society or association may set its own membership qualifications and restrictions.[x] However, where an organization is quasi-public, its power should be reasonably and lawfully exercised in furtherance of the public welfare consistent with its public characteristics.[xi]

[i] Greenwood v. Building Trades Council, 71 Cal. App. 159 (Cal. App. 1925)

[ii] Gold Knob Outdoor Advertising Co. v. Outdoor Advertising Ass’n, 225 S.W.2d 645 (Tex. Civ. App. 1949)

[iii] Matthews v. Bay Head Improv. Asso., 95 N.J. 306 (N.J. 1984)

[iv] Gold Knob Outdoor Advertising Co. v. Outdoor Advertising Ass’n, 225 S.W.2d 645 (Tex. Civ. App. 1949)

[v] McKane v. Democratic General Committee, 123 N.Y. 609 (N.Y. 1890)

[vi] Id

[vii] Robinson v. Holman, 181 Ark. 428 (Ark. 1930)

[viii] La Salle County Farm Bureau v. Thompson, 245 Ill. App. 413 (Ill. App. Ct. 1927)

[ix] Id

[x] Matthews v. Bay Head Improv. Asso., 95 N.J. 306 (N.J. 1984)

[xi] Id


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