NaCCRA Forum: Governance of CCRC/LifePlan Communit

This is from the legal website NOLO.com .   

Nonprofit Bylaws

EXCERPT:  Are Bylaws Public Information? Public access is not a legal requirement, but you might make your bylaws public to increase transparency and the public's trust in your organization. Many nonprofits allow the public to access their bylaws, either by posting the document on their website or by request.

Link to full article:  https://www.nolo.com/legal-encyclopedia/nonprofit-bylaws.html

Linda Kilcrease

Resident of a CCRC

Our CCRC Trustees (Corporate Board of Directors) minutes are made available to residents upon request. The minutes are redacted by the Trustees if they contain information the Trustees believe are not appropriate for release such as confidential discussions or matters not yet ready for release to residents. We also have two residents who are members of the Trustees in addition to two residents who serve as liaison between the resident Board of Directors and the Trustees. These two residents may participate in discussions but do not vote.

I have been trying to get a copy of our bylaw from our CEO for the last month. He said they woud be availabe to me when COVID restrictions have been lifted. (???)

I have I have requested them from the Virginia Bureau of Insurance. They told me they do not have our bylaws.

Jim Haynes

You should be able to view the By-Laws, because both non-profits and for profits must register with the state. Usually you can find the registration and any documents required to be filed at the Secretary of State's website.

I will be really interested in seeing any responses. Our Residents' Association has officially asked the CEO to make Board minutes available. She has referred our request to the Board Chair and to the legal counsel. We'll see what response we get.

Nancy Eddy

nbeddy@gmail.com

Does anyone know if there is a reason, legal or other, that residents cannot view the by-laws of the board of directors?

Linda Kilcrease

Resident of a CCRC