Is a member of a voluntary association entitled to judicial relief if the by-laws of the voluntary association contravene its own constitution?

California, United States of America


The following excerpt is from Nahrstedt v. Lakeside Village Condominium Assn., 11 Cal.Rptr.2d 299, 15 Cal.App.4th 315 (Cal. App. 1992):

To find otherwise would only encourage prolonged litigation, which would burden both the courts and all parties untenably. (Compare, in a different context involving a member's dispute with a voluntary association, the rule in Berke v. TRI Realtors (1989) 208 Cal.App.3d 463, 467, 257 Cal.Rptr. 738 regarding the balancing test that arises if an organization's challenged action contravenes its by-laws: whether judicial relief is available depends on the interest in protecting the aggrieved party's rights balanced against the infringement on the organization's autonomy and the burdens on the courts that will result from judicial attempts to settle internal disputes.)

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