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Constitution, Bylaws and Regulations

The rules and by-laws of a voluntary association that are reasonable become binding upon the association members.[i]  Constitutional provisions, bylaws, rules, and regulations of voluntary associations will be deemed to be valid and binding upon members if they are not:

  • immoral;
  • unreasonable;
  • contrary to public policy; or
  • in contravention of the law of the land.[ii]

In order to promote harmony among the members and advance the best interests of the association, the members may adopt and enforce any just, fair, and reasonable rules and regulations necessary.[iii]  When bylaws or rules compel a citizen to lose his/her rights in accumulated assets or to forego the exercise of other rights which are constitutionally inviolable, they cannot be enforced.[iv]  A voluntary association’s constitution and bylaws become obligatory upon its members if they do not contravene public law or any principle of public policy.[v]

[i] Hebert v. Ventetuolo, 480 A.2d 403 (R.I. 1984)

[ii] Medical Soc. of Mobile County v. Walker, 245 Ala. 135 (Ala. 1944)

[iii] Cox v. Government Employees Ins. Co., 126 F.2d 254 (6th Cir. Ky. 1942)

[iv] Spayd v. Ringing Rock Lodge, 270 Pa. 67 (Pa. 1921)

[v] Wells v. Mobile County Board of Realtors, Inc., 387 So. 2d 140 (Ala. 1980)

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