Associations

While the involvement of members in a non for profit association is generally motivated by the best of intentions, the relationship between those members can be a minefield of dispute and acrimony, contributed to by various factors including:

• Time demands on members to earn an income outside of the association;
• The generally casual nature of the relationship and a reluctance to involve lawyers and accountants for guidance so as to save money;
• A lack of a coherent management structure;
• the business of the association being left to a few people;
• an absence of checks and balances with financial matters;
• Personality issues such as disputes between members or disputes between committee members, and personal agendas.

In many cases, the requirements of the Associations Incorporation Act are not complied with and unpopular resolutions made at meetings are the subject of much debate and potentially to challenge through the Supreme Court.  These disputes can derail or undermine the good that the association was originally formed to do, as well as having significant financial consequences.

In other cases, the business of the association can be quite significant, with large turnover and expenses.  The association might need a dedicated and employed management structure to deal with its day to day activities.

Furthermore, the creation of a constitution at the outset might not recognise the need for a formal structure which develops in the growth of the association.

Our business lawyers can assist in:

• Advising in respect of association constitutions and compliance with the Associations Incorporation Act;
• Amending constitutions or preparing new constitutions;
• Dispute resolution and determination.

If you require the services of a Gold Coast associations lawyer, please contact Peter Muller on 07 5574 0575 or peterm@qbmlaw.com.au.