Procedure to recall a board

Started by ShelleyD • 6 replies • 1217 views

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ShelleyD (Florida)
Posts: 42

Posted:

If anyone out there has recalled a board can you tell us the process you took for the recall. I know to check the deed restrictions and by-laws, I just want to here form other members how they went about it. Thank you.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your bylaws should tell you how to remove a board member.

Is there anything in them that deals with that?

If not, go to the Michigan not for profit Corporation Act.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Shelley,

AZ has an HOA statute dealing with this topic. If MI has HOA statutes you might want to also check them out. Sussan has suggested checking the MI nonprofit corp act is your bylaws are silent. IMO, you should check them out even if your bylaws have a procedure for removal. In some instances the state law will prevail over your bylaws.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Shelly - 'cuse me for being lazy (my copy of the MI Nonprofit Corporation Act was upstairs.)

Yes, there is a section talking about recall of board members (officers)

Section 450.2535 Removal of officer. suspension of authority to act, contract rights, resgination of officer, notice.

It speaks to the power to removal an officer by the Board AND by the Members.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Removal of Director or entire board is covered in Section 450.2511

DonnaS (Tennessee)
Posts: 5,671

Posted:

Shelly,
You want to recall the entire Board? WOW! Are you prepaired to have a full Board to replace them? Does the Michigan law allow for removal without cause? If you have cause, are you willing to defend for the removal in case it gets nasty and needs legal intervention?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Yes, it give the power "with or without cause."

By a majority of the vote of eligible voters.

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