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Chapter Operations Share plans, ideas, and brainstorm problems related to chapter operations. Topics also include parliamentary procedure, national programs, innovations & etc.

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  #1  
Old 10-11-2010, 03:04 PM
jordang312 jordang312 is offline
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Contracts

Can I be bound to a membership/housing contract I've signed even if I am NOT an initiated member of that chapter?
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Old 10-11-2010, 03:07 PM
AZTheta AZTheta is offline
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Wouldn't it be a good idea to check with someone in your locality? The law is NOT universal, and given that you've provided scant details, I wouldn't even try to answer your question.
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Old 10-11-2010, 03:19 PM
knight_shadow knight_shadow is offline
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Did you read the contract before signing it? I would think everything would be outlined in it, especially if this is a national organization.

My alma mater has a "student legal services" department that would be able to help with this (or refer students to someone who could help). Does your university offer a similar service?
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Old 10-11-2010, 03:32 PM
jordang312 jordang312 is offline
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Okay Thank you.
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Old 10-11-2010, 03:48 PM
Kevin Kevin is offline
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Quote:
Originally Posted by jordang312 View Post
Can I be bound to a membership/housing contract I've signed even if I am NOT an initiated member of that chapter?
1) We don't have a copy of the contract, so how can we possibly tell you whether it is enforceable?

2) You're asking a legal question. To render competent legal advice, someone would need to be admitted to the practice of law in the relevant jurisdiction. Landlord/tenant law varies from place to place and some terms of law may be superseded by the parties' contractual agreements. Maybe, but not always.

3) This is the best and only answer to your question that you should listen to in this thread: Talk to some friends, your parents, peruse the internet and/or yellow pages, select an attorney. Call her and inquire whether she handles landlord/tenant issues. If she answers in the affirmative, book an appointment and pay her for her time.
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Old 10-15-2010, 11:06 PM
EE-BO EE-BO is offline
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Originally Posted by jordang312 View Post
Can I be bound to a membership/housing contract I've signed even if I am NOT an initiated member of that chapter?
Laws governing residential leases vary widely by state, and wise housing corporations for GLOs will use boilerplate language specific to that state in their contracts- just as would professionally managed apartment homes.

But before we get to that, look over your lease carefully. Based on the facts you provide, one of two things seems likely true- 1. you are a pledge in your organization who is considering de-pledging or 2. you are not a pledge and have no plans to pledge but have signed a lease to live in an available room (which happens more than many might thing- not necessarily a legal prohibition by national offices and their insurance policies.)

If you are of the former category, check your lease for any conditions of moving out for potential members who drop out of the pledgeship process. The lease should have a provision for such situations (but does not mean it will have such provisions.)

Also, show your lease to someone you know who has legal or rental real estate experience in your state to determine if your lease has been drafted in accordance with state law, what your rights are and also if there are any material differences in your lease from what state law requires that would make it possible for you to walk away.

Here in Texas, for example, the law heavily favors the landlord. Provided you signed a lease that conforms to the required disclosures to tenants, you practically have to get your apartment condemned by the city to be able to move out and stop paying rent without threat of legal action.

But it does not work that way elsewhere necessarily- and if the lease you signed does not include all disclosures required by your state, then there is a whole other set of precedents and laws- again varying by state- that address under what conditions you can break your lease.

I know it sounds complicated- but this is how it works. Like others have said- you REALLY need someone with specific experience with your state laws to have a look at your lease.

Good luck and hope this helps.
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