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Zoning Bulletin April 25, 2018 I Volume 12 I Issue 8 <br />member of one of the Associations disagreed with the decision to file <br />suit, "the proper vehicle to challenge the association's failure to comply <br />with its respective bylaws in making that decision [would be] a suit <br />against the nonprofit corporation brought by the aggrieved member or <br />members of the association or, in certain circumstances, a derivative <br />action," said the court. Otherwise, held the court, there was no require- <br />ment to standing that the Associations affirmatively plead, or prove, <br />their compliance with their corporate bylaws to bring the legal action. <br />Accordingly, the court concluded that "despite [the Associations'] <br />failure to strictly comply with their respective bylaws and internal <br />governance procedures in their decision to initiate this suit, they none- <br />theless "possess a `sufficient stake in an otherwise justiciable contro- <br />versy' to confer jurisdiction on the trial court to adjudicate this legal <br />dispute." <br />See also: Peninsula Property Owners Ass'n, Inc. v. Crescent Re- <br />sources, LLC, 171 N.C. App. 89, 95-97, 614 S.E.2d 351 (2005). <br />See also: Lake Forest Master Community Ass'n, Inc. v. Orlando Lake <br />Forest Joint Venture, 10 So. 3d 1187 (Fla. 5th DCA 2009) (concluding <br />that a specific Florida statute requiring the approval of a majority of <br />members of a homeowners' association entitled to vote before initiat- <br />ing any litigation involving amounts in controversy over $100,000 was <br />for the protection of members and could not be asserted as an affirma- <br />tive defense to suit by a non-member defendant), Orlando Lake Forest <br />Joint Venture v. Lake Forest Master Community Ass'n, Inc., 23 So. 3d <br />1182 (Fla. 2009); Little Canada Charity Bingo Hall Ass'n v. Movers <br />Warehouse, Inc., 498 N.W2d 22, 24 (Minn. Ct. App. 1993) ("[A] third <br />party has no power to challenge corporate action based on [a violation <br />of the entity's bylaws].") <br />Zoning News from Around the <br />Nation <br />CALIFORNIA <br />State Senator Scott Wiener has introduced a bill—SB 827—which <br />would "override city zoning restrictions to encourage housing develop- <br />ment near transit hubs." Wiener and proponents of the bill maintain <br />that it will "mitigate California's housing crisis and offset sprawl." <br />Those opposed to the bill are concerned it will "relinquish local zoning <br />authority to the state." <br />Source: KQED; www.kaed.org <br />© 2018 Thomson Reuters 11 <br />