BB5
Posts: 140
Posts: 140
Posted:
Our annual meeting is to be held the saturday before Labor Day (per by-laws) and to be presided over by the Pres. he is here but no meeting. is it okay for the Pres. and other officers to ignore the by-laws ?
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TimB4 (Virginia)
Posts: 20,986
Posts: 20,986
Posted:
BB5,
Is it ok to ignore the governing documents? - No
Is a holiday weekend a good time to get maximum participation at a meeting? - No.
I believe that your Board is probably looking at the reality of getting a forum and maximum participation. The correct way to do this would be to change the Bylaws to specify the month the meeting should be held vs the actual day.
What happens if they don't hold the meeting on the day designated? - Nothing.
Per Missouri Nonprofit Corporation Act, 355.231: "The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with a corporation's bylaws does not affect the validity of any corporate action."
I am of the understanding that most States corporate laws have similar language but anyone not in Missouri should check.
I would recommend that you propose a bylaw amendment at the next annual meeting to change this requirement then the membership can actually vote on it the following year.
Hope this helps,
Tim
Is it ok to ignore the governing documents? - No
Is a holiday weekend a good time to get maximum participation at a meeting? - No.
I believe that your Board is probably looking at the reality of getting a forum and maximum participation. The correct way to do this would be to change the Bylaws to specify the month the meeting should be held vs the actual day.
What happens if they don't hold the meeting on the day designated? - Nothing.
Per Missouri Nonprofit Corporation Act, 355.231: "The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with a corporation's bylaws does not affect the validity of any corporate action."
I am of the understanding that most States corporate laws have similar language but anyone not in Missouri should check.
I would recommend that you propose a bylaw amendment at the next annual meeting to change this requirement then the membership can actually vote on it the following year.
Hope this helps,
Tim
BB5
Posts: 140
Posts: 140
Posted:
The reason these are held on a holiday week-end is these are lake homes far more people here than any other time. On the other hand now the officers can do whatever they want and a year down the road inform the membership. (Like spend all of the dues money) this is the truth !!!!!!!!
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