Pa. Cons. Stat. » 15 Pa. Cons. Stat. (CORPORATIONS) / Chapter 57
Pennsylvania Consolidated Statutes

15 Pa. Cons. Stat. § 5751 (2026)

 Classes and qualifications of membership.

✓ current as of May 2026
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SUBCHAPTER E

MEMBERS

 

Sec.

5751.  Classes and qualifications of membership.

5752.  Organization on a stock share basis.

5753.  Membership certificates.

5754.  Members grouped in local units.

5755.  Time of holding meetings of members.

5756.  Quorum.

5757.  Action by members.

5758.  Voting rights of members.

5759.  Voting and other action by proxy.

5760.  (Reserved).

5761.  (Reserved).

5762.  Voting by corporations.

5763.  Determination of members of record.

5764.  (Reserved).

5764.1. Actions by members to enforce a secondary right (Repealed).

5765.  Judges of election.

5766.  Consent of members in lieu of meeting.

5767.  Appointment of custodian of corporation on deadlock or other cause.

5768.  Reduction of membership below stated number.

5769.  Termination and transfer of membership.

5770.  Voting powers and other rights of certain

securityholders and other entities.

 

Enactment.  Subchapter E was added as Subchapter D December 21, 1988, P.L.1444, No.177, effective October 1, 1989, and was relettered to Subchapter E December 19, 1990, P.L.834, No.198, effective immediately.

§ 5751.  Classes and qualifications of membership.

(a)  General rule.--Membership in a nonprofit corporation shall be of the classes, and shall be governed by the rules of admission, retention, suspension and expulsion, prescribed in bylaws adopted by the members, except that the rules shall be reasonable, germane to the purpose or purposes of the corporation and equally enforced as to all members of the same class. Unless otherwise provided by a bylaw adopted by the members:

(1)  There shall be one class of members whose voting and other rights and interests shall be equal.

(2)  If there is only one class of members, the members shall have all the rights of members generally in a nonprofit corporation.

(b)  Corporations without voting members.--Where the articles provide that the corporation shall have no members, as such, or where a nonprofit corporation has under its bylaws or in fact no members entitled to vote on a matter, any provision of this subpart or any other provision of law requiring notice to, the presence of, or the vote, consent or other action by members of the corporation in connection with the matter shall be satisfied by notice to, the presence of, or the vote, consent or other action by the board of directors or other body of the corporation.

(c)  Membership status.--Regardless of whether a nonprofit corporation designates or refers to a person as a member of the corporation, the person is not a member of the corporation for purposes of this subpart unless the person satisfies the definition of "member" in section 5103(a) (relating to definitions).

(July 9, 2013, P.L.476, No.67, eff. 60 days)

 

Cross References.  Section 5751 is referred to in section 5504 of this title.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2024 · leading case: In re Superior-Pac. Fund, Inc., 693 A.2d 248 (Pa. Commw. Ct. 1997).
Sort: Relevance Newest Treatment
In re Superior-Pac. Fund, Inc., 693 A.2d 248 (Pa. Commw. Ct. 1997). · cites it 2× “5 Furthermore, section 5751 of the Act, 15 Pa.C.S. § 5751, establishes that membership in a non-profit corporation is controlled by the bylaws.”
Anderson v. Colonial Country Club, 739 A.2d 1118 (Pa. Commw. Ct. 1999). “Relying on section 5751(a) of the NonProfit Law, 15 Pa.C.S. § 5751(a), Appellants claim that, as a general rule, the legislature intended members of non-profit corporations to be treated equally within a defined class.”
Gundlach v. Laister, 625 A.2d 706 (Pa. Commw. Ct. 1993). “15 Pa.C.S. § 5751 provides: Classes and qualifications of membership (a) General Rule.”
N. Chester Cnty. Sportsmen's Club v. J. Muller -- Appeal of: J. Muller (Pa. Commw. Ct. 2017). “” 15 Pa. C.S. § 5751(a). The Club’s 2014 bylaws provide for and 2 Our review is limited to determining whether the trial court committed an error of law or abused its discretion or whether its findings of fact are not supported by the evidence.”
In re: Jack Buncher Found. ~ Appeal of: A. Rubinoff (Pa. Commw. Ct. 2024). “7 Section 5751(a) of the Law, 15 Pa.C.S. § 5751(a), contemplates that members of a nonprofit corporation will be organized into “classes.”
— 15 Pa. Cons. Stat. § 5751(a) — 3 cases
Anderson v. Colonial Country Club, 739 A.2d 1118 (Pa. Commw. Ct. 1999). “Relying on section 5751(a) of the NonProfit Law, 15 Pa.C.S. § 5751(a), Appellants claim that, as a general rule, the legislature intended members of non-profit corporations to be treated equally within a defined class.”
N. Chester Cnty. Sportsmen's Club v. J. Muller -- Appeal of: J. Muller (Pa. Commw. Ct. 2017). “” 15 Pa. C.S. § 5751(a). The Club’s 2014 bylaws provide for and 2 Our review is limited to determining whether the trial court committed an error of law or abused its discretion or whether its findings of fact are not supported by the evidence.”
In re: Jack Buncher Found. ~ Appeal of: A. Rubinoff (Pa. Commw. Ct. 2024). “7 Section 5751(a) of the Law, 15 Pa.C.S. § 5751(a), contemplates that members of a nonprofit corporation will be organized into “classes.”
— 15 Pa. Cons. Stat. § 5751(b) — 1 case
In re Superior-Pac. Fund, Inc., 693 A.2d 248 (Pa. Commw. Ct. 1997). “5 Furthermore, section 5751 of the Act, 15 Pa.C.S. § 5751, establishes that membership in a non-profit corporation is controlled by the bylaws.”
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