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Posted By KellyP6 on 05/20/2016 4:08 PM
This is a difficult question. In our Articles of Incorporation, there are three names and addresses listed and their initial term of office is listed as "until first election". However, in 2013 I was given the names of our BOD and none of the names from the AOI are listed. They were all three different. When I looked at the taxable entity search again a month or so ago, one of the names from 2013 has changed. I understand that it is still a developer board (for now, that's another topic) is this legal or is it because they hold the most "votes" they just voted a new board without consulting any members?
My developer controlled our association for the first seven years. As far as I know there were never any annual meetings of the members and no votes taken for who would sit on the BOD. Was it legal? No, they should have held a meeting of the members and held an election for each of those years. If they had done that, what would have changed? Nothing much. The developer would have exercised his superior voting rights and put his same people back on the board. The biggest change would have been the negative impact on our finances to cover the costs of those annual meetings.
The state is not going to send out the SWAT team because a developer committed some technical violations of the non-profit corporation act. If you feel that you were deprived of your rights to cast votes in a rigged election then your remedy would be to file some sort of lawsuit at your expense.