A member of a farmers’ market association brought an application seeking declarations that the association breached its bylaws by rejecting his full-season vendor application, removing his seniority, and reallocating his market stalls after he failed to deliver post-dated stall fee cheques by the required date.
The court examined the association’s bylaws governing dues, termination of membership, and notice requirements, finding the governing documents unclear regarding the consequences of late delivery of stall fee payments.
The court held that, under the bylaws, the member was entitled to notice and an opportunity to remedy the default within 30 days.
Because the member attempted to cure the default within that timeframe, the association’s rejection of his application and removal of seniority were premature.
The court ordered reinstatement of the member’s seniority and directed that he receive first choice of vacant stalls for the following season.
