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For almost 50 years an nonprofit agency has been located in a town building.
This nonprofit was started by a church group and continues to be under the churches umbrella.
Does a local government official have the right to governance over this nonprofit organization because it is in a town building?
Hello, I think I answered this in the Yahoo chat area earlier tonight
Ok, a non profit goup will have to be incorporated. As such they will have their own board, a President, aVP and a SEC normaly at a min and normally a board of directors.
They are legally considered a separate entiy under law ( having a life of their own basicly)
As such they follow and do what their board of directors tell them.
If the city owns the building they can restrict the usage of that building.
If the city funds the group they can restrict what can or can't be done with the money they give. ( one reason a lot of non profits will not take governmetn grant money.
YOu will have to be a lot more specific as to what they are doing or not doing.
Saying they can only meet on Wed, if it is there building yep they can.
Just not sure what you are saying they are doing
Hello food:
Does my landlord have any governance over my life beyond my lease?
NO!
excon
City does not fund, there is no lease or contract agreement and never has been.
There is a board for the nonprofit.
The issue is trying to help more people with more services that are not offered locally. This need is covered by several other nonprofits working as a team and always has been.
The building is owned by the people.
We live in a democracy not an anarchy... or at least we did until now.:(
Quote:
Originally Posted by Fr_Chuck
Hello again, food:
>>>City does not fund, there is no lease or contract agreement and never has been.<<<
I was attempting to identify the legal status of the participants. Assuming it is as you say, even in the absence of a rental agreement or lease, and even if the church/non profit group doesn't pay rent, the city is still JUST the landlord. In addition, an again in the absence of an agreement, I promise you that there are commercial landlord/tenant laws in your state that DO govern your situation.
I again state, that your landlord can't tell you what to do.
excon
Ok, unless your group owns the building, they are tennants, and the city is the landlord, the fact there is no written rental agreement or payment has nothing to do with legal points as to who is who.
Next the city can, esp if there is no specific contract or rental agreement, and unless they have specific city charters or rules as to the use of this government owned building, they may change who and how their building is used anytime they want
And it if is a public building, we have several in our town, they may allow other groups to use the same building also. We have a city owned building that several non profit groups use.
You group is free of course to find its own building to use owned by an someone else that they can use.
And no actually we live in a republic not a demorocy but that is a civics lesson. But your group does not control what the city wishes to do with a public building, your elected city council and the mayor or city manager will decide the every day running of the city and the use of city property.
Since you still have not said exacty what your specific problem is we are having to answer in general terms
Hello again, food:
I agree with the Padre. Tell us what the city is trying to do, and maybe we can help stop them.
excon
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