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One of the most common — and often unexpected — challenges faced by association boards and leaders arises when a member develops a grievance against the organisation. In the association sector, this is not unusual. Most grievances begin with a concern or disagreement, but if not handled appropriately, they can escalate into a prolonged and disruptive issue.
In one real case study, a member believed they had been treated unfairly by the organisation. Over time, the situation intensified, with the individual sending repeated and often unnecessary emails to the CEO and Board members. The correspondence became increasingly disruptive and required considerable time and attention from the organisation’s leadership.
Eventually, the Board determined that the individual had breached the organisation’s constitution and resolved to terminate the person’s membership.
When the matter was reviewed, it became clear that the member had never been provided with the constitution when joining the organisation. Nor had they been asked to confirm that they had read or agreed to abide by it.
The membership process simply involved completing an online form, paying the membership fee, and automatically becoming a member.
Every member of an association is governed by the organisation’s constitution or rules. These rules form the legal framework that defines members' rights and responsibilities, disciplinary procedures, and the board's powers. If a member has never been provided with those rules — or has not formally agreed to abide by them — it may become difficult for the association to rely on those provisions when disputes arise.
In situations like this, a disgruntled member may legitimately argue that they were never informed of the rules they were expected to follow.
According to AES Barrister John Crosby, this is an area where many associations expose themselves to unnecessary risk.
John points out
Being a “member” of an Association (however constituted), e.g. incorporated or unincorporated) has a fundamental principle that a “Member” is bound by the “Constitution/Rules”, and constitutes a “contract” as between the member and the Association. There are now “universal” (and effectively “uniform” provisions of Associations Inc. throughout Australia, which now incorporate “Dispute Resolution and Disciplinary provisions, which are best also actually incorporated into the Associations Constitution/Rules. (They apply even if not so incorporated by Associations incorporated under State/Territory laws.Any member, though, who “protests” against the application of the Rules/Constitution on the basis of not having read or been provided with the Rules/Constitution, though, does not “escape” being subject to such provisions.Even so, a good practice is to actually implement an “awareness” program such as envisaged, making members aware of the Rules/Constitution, and Dispute Resolution and Disciplinary provisionsAssociations which are not so incorporated, such as Companies Limited by Guarantee (CLG) do not invoke such provisions, but the general law applies that they are bound to the Constitution Rules, which are part of the Constitution of the CLG.s Similarly, Associations which are not incorporated, members are bound by the Rules/Constitution (if any) of such unincorporated Associations, and the general law principle! (Bound in contract).
Boards and CEOs may want to take a moment to review their current membership joining process and ask a few simple questions:
These steps may seem administrative, but they are fundamental governance protections for the organisation.
If your current joining process does not include these safeguards, there are several practical steps your association should take:
1. Publish Your Constitution Clearly. Ensure the constitution is easily accessible on your website — ideally linked directly from the membership application page.
2. Update Your Membership Application Process. Include a mandatory checkbox requiring applicants to confirm that they have read and agree to abide by the Constitution before submitting their application.
3. Include Terms and Conditions Membership conditions, codes of conduct, and other expectations should be clearly outlined and acknowledged during the joining process.
4. Include a Privacy Statement. With increasing privacy obligations in Australia, it is essential that members acknowledge how their data will be used and stored.
5. Conduct a Governance Review of Your Membership Processes. Boards should periodically review their membership systems to ensure they align with the organisation’s constitution and legal obligations.
For many associations, membership onboarding has evolved over time as systems and technology have changed. What may seem like a simple administrative step can have significant governance implications when disputes arise.
Taking the time to review and strengthen your membership-joining process can prevent unnecessary conflict and provide the Board with the authority it needs to manage difficult situations if they arise.
At Association Executive Services we regularly help associations review their governance frameworks, membership processes and constitutions to ensure they are legally sound and operationally effective.
Sometimes the difference between a manageable member issue and a prolonged governance dispute comes down to something as simple as a missing check box.
Insights from the AES Technology Survey and Special Interest Group Discussion
Artificial Intelligence is now part of daily work for many association professionals.
Association Executive Services (AES) are soon to release its
annual report on technology in Australian Associations and recently facilitated a special interest group discussion on the use of AI in
participants' organisations.
The Challenge of Prorated Membership and Renewal Cycles
Anyone responsible for membership in an association understands this tension:
Do we renew members on the anniversary of their joining date, or operate on a single annual renewal date?
And if we operate on a single renewal date, how and when should prorated membership apply?
Here is a deeper exploration of each model — with practical examples drawn from real-world association operations.
How we help membership based, not-for-profit associations now and into the future.
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