maryco --
Thanks for your latest clarification.
First, I want to apologize for the time it has taken to come up with
information that you had initially asked to have delivered to you
quickly. Several researchers (including myself) took initial cracks
at your question, but online details about the old statutory section
you cited appear not to be available.
The good news is that the current Non-For-Profit Corporation Law
includes a section that appears to be a direct descendant of the
section cited in the by-laws of your club and may even be
substantially (or entirely) the same as that old section. I hope and
expect that this information will allow you to use your lawyer's time
more efficiently.
Here is the text of your section, which is found in Chapter 35,
Article 2, Section 205 of the New York Consolidated Laws:
"205. Conveyance of real property to members for dwelling houses. A
not-for-profit corporation, if its by-laws so provide, and pursuant to
the provisions thereof, and without leave of the court, may convey to
a member of the corporation a portion of its real property for the
erection thereupon of a cottage or other dwelling-house with suitable
outbuildings. When so conveyed the title to such portion, together
with the buildings thereon, shall continue in such member and on his
death pass to his heirs or devisees, but the land shall not be
alienable except to the corporation or to a member thereof."
New York State Consolidated Laws: Not-For-Profit Corporation:Article
2: Corporate Purposes and Powers
http://assembly.state.ny.us/leg/?cl=76&a=3
Now, as you have specifically requested, below is a link to a page
containing an index to the entire Not-For-Profit Corporation Law.
Each of the Articles listed is a clickable link that will take you to
the complete text of that Article. The text is printable and can be
easily cut and pasted into a word processing document for your
permanent reference if you wish.
New York State Assembly: New York State Consolidated Laws
Not-For-Profit Corporation - Index
http://assembly.state.ny.us/leg/?cl=76
Additional Information:
The first link on the Index page, the one called "Chapter 35,"
contains the introductory language from the legislation creating the
NFPC, which says:
"AN ACT in relation to not-for-profit corporations, constituting
chapter thirty-five of the consolidated laws, and repealing the
membership corporations law. Became a law May 26, 1969, with the
approval of the Governor."
That language conveniently pinpoints the date that it was adopted and
that is specifically superseded the Membership Corporation.
Search Strategy:
The first phase of the research was the fruitless quest for the text
of the Membership Corporation Law (MCL) and specifically the sections
cited in your organization's bylaws. In the course of this search, I
did discover that this law was replaced by the NFPC and helped me to
focus on the ultimately successful search for a section of the new law
that dealt with the alienation of property formerly subject to the
MCL.
I found the relevant section after the following simple Google search
led me directly to a site containing a reference to the legislative
act that repealed the MCL. Here is a link to those search results:
"membership corporation OR corporations law"
://www.google.com/search?sourceid=navclient&ie=UTF-8&q=%22membership+corporation+OR+corporations+law%22
High on the list of results was this linked personal website:
C. J. Bragg, Jr.: New York State Law
http://home.att.net/~cgbraggjr/tba/nystatelaw.htm
The first link on that page is to the NFPC index page linked above. I
then began to review the list of Sections in each Article listed in
the Index in order and quickly found the promising title of Section
205 of Article 2 --"Conveyance of real property to members for
dwelling houses." Finally, I reviewed the rest of the Section titles
in the remaining Articles in the index in order to make sure that I
had the only possible candidate for the Section that interests you. (I
do have a legal background, so I have some facility with this kind of
material.)
Based on your question clarifications, I am confident that this is the
information you are seeking. If anything is unclear, please ask for
clarification before rating the answer. I hope and expect that this
information will make your contact with your organization's lawyer
more fruitful and efficient.
markj-ga |
