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CathleenH (Wisconsin)
Posts: 22
Posted:
I am the new Secretary on a very dysfunctional board. My goal is to be the Bylaw Enforcer as a lot of rules are being broken by the President and Vice President. Our Bylaws state the Board of Directors is made up of 5 people. We currently have 5 plus 1 who's been on Leave since the start of the new term. I am unaware of the LOA term granted as it was granted before I started.

At the last meeting, two things happened that I was uncomfortable with. First, the President asked me to draft a letter to the person on LOA that since she's missed 3 meetings (this is in our Bylaws), she's off the board. Our President also brought in a new Board Member. "Welcome xxxx to the Board." Being new, I didn't think it was right but didn't speak up. Until I get clarification, I'm not writing the resignation letter.

My questions are:
1. Our Bylaws don't speak of LOA. How have other boards handle it? Shouldn't we be giving the member notice to rescind the leave before enforcing the Bylaws regarding absenses? I look at it as firing someone who's on FMLA for missing too many staff meetings.
2. Is that person on LOA still considered active or do we still have too many on the board?

3. This new Board Member can't be on the board because we are full (or over) at 5 members, right?
Even if we had a vacancy, she needs to be nominated and voted in by the Board?

4. As we get closer to our annual meeting in Fall, I've been told I can't remind people about the annual meeting. Isn't what a secretary does? They say it can be seen as a conflict of interest. I don't find anything in the Bylaws but isn't communicating and campaigning called Democracy?

I'm trying to tread carefully so I don't make enemies but this is my home and an investment. I'm tired of a President who treats the board like a coffee club. As far as I'm aware I didn't wake up in England with a Queen and a Monarchy. I apologize for all the questions but will appreciate any responses.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Well first and foremost it's not the president's decision if someone is off the board or appointed to the Board. It is a board decision and requires a vote of the entire board.

The first vote should be if the Director will be removed for missing 3 meetings.
The second vote would be if so and so is to be appointed to the board to fill the vacant seat of the director who was removed.

At your next board meeting explain that you have been doing research and per WI 181.0808 you can't send notice of removal until the Board votes on the issue and then votes to appoint the other individual.

Secondly, I expect that your Association is incorporated (as most are). If this expectation is correct, in addition to any applicable HOA laws, the Association must also comply with the applicable Corporation laws. Expecting your Association is incorporated as a non-profit (most are) in Wisconsin the applicable corporate laws would be WI Chapter 181, Nonstock Corporations.

Per Wisconsin 181.0705 of that act:

(1)  When required. A corporation shall give notice of meetings of members as provided in its bylaws or, if the bylaws are silent, in a manner that is fair and reasonable.
(2) In general. Any notice that conforms to the requirements of sub. (3) is fair and reasonable. Except for matters referred to in sub. (3) (b), other means of giving notice may also be fair and reasonable when all of the circumstances are considered. Section 181.0141 applies to notices provided under this section.
(3) Notice safe harbor. Notice is fair and reasonable if all of the following conditions exist:
(a) The corporation notifies its members of the place, date and time of each annual, regular and special meeting of members not more than 60 days and not less than 10 days, or, if notice is mailed by other than first class or registered mail, 30 days, before the meeting date.

Therefore to be in compliance, you must provide notice of the annual meeting to the membership.

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