Can a court order the reinstatement of a member of a voluntary association who was disciplined?

California, United States of America


The following excerpt is from Stump v. Sierra Club, D066956 (Cal. App. 2016):

As we have explained, "[o]ut of respect for a private association's autonomy and special competence, courts generally will not interfere with the internal affairs of such an organization or with the enforcement of its rules unless the determination of some civil or property right is involved. [Citation.] 'It is true that courts will not interfere with the disciplining or expelling of members of such associations where the action is taken in good faith and in accordance with its adopted laws and rules. But if the decision of the tribunal is contrary to its laws or rules, or it is not authorized by the by-laws of the association, a court may review the ruling of the board and direct the reinstatement of the member.' [Citation.] When a voluntary association disciplines one of its members, '. . . the only function which the courts may perform is to determine whether the association has acted within its powers in good faith, in accordance with its laws and the law of the land.' " (Budwin v. American Psychological Assn. (1994) 24 Cal.App.4th 875, 879 (Budwin).)

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