Challenge to Legality of meeting

Started by AnthonyB2 • 4 replies • 1337 views

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AnthonyB2 (Florida)
Posts: 4

Posted:

Help please.
If a board member makes a statement questioning the legality of a meeting because
the president unilaterally changed the meeting date is any action required on the
boards part? Or can they simply ignore the board member and continue the meeting.

Thanks

This president said he can cancel and change the dates of any meeting "because he can"
even though the by-laws state the board sets the date of the meeting.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Anthony,

This is similar to your previous thread.

Providing the notice requirements were met, the meeting would be legit.

Heck, even if the notice requirements were not met, the meeting would still be considered legit until challenged in a court of law. Once you take it to court, it's a 50/50 chance. If challenged in a court of law and the meeting was ruled invalid - I suspect that any motions/votes held at that meeting would also be invalid until brought up again at the next meeting.

If you are on the Board, and other board members feel as you do, make a motion to remove the president from office and to elect you as president. If a majority of the board agrees, then, as president, you can ensure the rules are followed.

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By AnthonyB2 on 09/04/2012 9:05 AM
Help please.
If a board member makes a statement questioning the legality of a meeting because
the president unilaterally changed the meeting date is any action required on the
boards part? Or can they simply ignore the board member and continue the meeting.

Thanks

This president said he can cancel and change the dates of any meeting "because he can"
even though the by-laws state the board sets the date of the meeting.

If I am reading the above correctly it sounds like there are at least two other Directors not in agreement with the President. I would think the By-Laws would supercede the "because I can" approach. After sending complaints to our California Attorney Generals Office I was advised that they could send our Association a complaint but could not take any direct action against the Association and that I should hire an attorney if I wanted to take any form of action. Attorneys = $$$$$$$$$$$$$$$$$$, end of story.

Paul T

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say if only one BOD Member complained, then ignore him as there are more important things to do.

I think the poster was also told many did not consider his original post on a meeting change to be an issue, but he goes on and on about it.

JayP3 (Florida)
Posts: 154

Posted:

Regular BoD meeting times/dates can be changed as often as the Corp. wishes.

However Florida does have state laws regquiring 48 hrs. min. notice to the membership.

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