Mark Apodaca, PRP Posted March 14, 2021 at 06:25 PM Report Share Posted March 14, 2021 at 06:25 PM I am working with a nonprofit organization incorporated in Minnesota. The organization has members. The membership article opens with the following: "Any individual resident of Minnesota wishing to become a member of this association shall be qualified to become a member of the Minnesota Association of Deaf Citizens." There are only two classes of members. One is called Primary Members for those who are deaf and secondary members for those who are not deaf. There is one member who has residences in Minnesota and Florida. When some board members read "individual resident of Minnesota", they interpreted it to mean that the individual lives in Minnesota year-round. Some members of the board say that part-time residents are not considered residents of Minnesota. How would you handle this? Your thoughts? Mark Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted March 14, 2021 at 07:13 PM Report Share Posted March 14, 2021 at 07:13 PM 43 minutes ago, Mark Apodaca said: I am working with a nonprofit organization incorporated in Minnesota. The organization has members. The membership article opens with the following: "Any individual resident of Minnesota wishing to become a member of this association shall be qualified to become a member of the Minnesota Association of Deaf Citizens." There are only two classes of members. One is called Primary Members for those who are deaf and secondary members for those who are not deaf. There is one member who has residences in Minnesota and Florida. When some board members read "individual resident of Minnesota", they interpreted it to mean that the individual lives in Minnesota year-round. Some members of the board say that part-time residents are not considered residents of Minnesota. How would you handle this? Your thoughts? Mark It is ultimately up to this organization to interpret that provision in its bylaws. However, I will note that most states, perhaps all states, house statutes and/or court decisions defining residency, domicile, etc. You might find those resources helpful. I’m not giving legal advice, but it is my recollection that most such authorities take the position that a person may have more than one residence but only one domicile. That really is a legal question that you should consult with an attorney on. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 14, 2021 at 07:46 PM Report Share Posted March 14, 2021 at 07:46 PM 1 hour ago, Mark Apodaca said: I am working with a nonprofit organization incorporated in Minnesota. The organization has members. The membership article opens with the following: "Any individual resident of Minnesota wishing to become a member of this association shall be qualified to become a member of the Minnesota Association of Deaf Citizens." There are only two classes of members. One is called Primary Members for those who are deaf and secondary members for those who are not deaf. There is one member who has residences in Minnesota and Florida. When some board members read "individual resident of Minnesota", they interpreted it to mean that the individual lives in Minnesota year-round. Some members of the board say that part-time residents are not considered residents of Minnesota. How would you handle this? Your thoughts? I don't personally think the phrase "resident of Minnesota," in and of itself, implies that the person must have their primary residence in Minnesota, let alone that it must be their sole residence (that is, that they must live there year-round). This is ultimately a question for the organization to interpret. In the long run, it would seem prudent to amend the bylaws to clarify this matter. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 15, 2021 at 02:27 AM Report Share Posted March 15, 2021 at 02:27 AM 7 hours ago, Mark Apodaca said: I am working with a nonprofit organization incorporated in Minnesota. The organization has members. The membership article opens with the following: "Any individual resident of Minnesota wishing to become a member of this association shall be qualified to become a member of the Minnesota Association of Deaf Citizens." There are only two classes of members. One is called Primary Members for those who are deaf and secondary members for those who are not deaf. There is one member who has residences in Minnesota and Florida. When some board members read "individual resident of Minnesota", they interpreted it to mean that the individual lives in Minnesota year-round. Some members of the board say that part-time residents are not considered residents of Minnesota. How would you handle this? Your thoughts? Mark IANAL, but there must be some legal standard for determining where a person with several houses is considered to be a resident. For example, where is their driver's license issued? Where do they file taxes? It's not really a parliamentary question, but I agree the language quoted does not imply anything like full-time residency. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted March 15, 2021 at 02:46 AM Report Share Posted March 15, 2021 at 02:46 AM 16 minutes ago, Gary Novosielski said: IANAL, but there must be some legal standard for determining where a person with several houses is considered to be a resident. There is. Generally, a person can have several residences and can be a resident of several states. Domicile is essentially where a person’s primary and permanent residence is located. It is determined by such things as intent, time spent there, homestead exemption, voter registration, drivers license, automobile registration, etc. Quote Link to comment Share on other sites More sharing options...
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