311fan Posted January 9, 2012 at 03:23 AM Report Share Posted January 9, 2012 at 03:23 AM Our Co-operative by laws say that members (which are the unit owner) can serve on the Board of Directors. At our annual meeting of members last month someone that was not a member somehow was nominated and won one of the five open seats to serve on the Board. The previous officers of the board were negligent and couldn't careless who replaced them. The other four seats on the Board were filled by legitimate members except this one person (she lives here with the unit owner but isn't a member). I believe this is fraud as that person posed as the unit owner and she wasn't caught until it was recognized the next day. Myself (a member) lost by one vote. Since that non-member shouldn't even be on the board, shouldn't I get that seat? This very upsetting to me because I feel I'm being violated of my rights to serve. Link to comment Share on other sites More sharing options...
jstackpo Posted January 9, 2012 at 03:36 AM Report Share Posted January 9, 2012 at 03:36 AM This is purely a bylaws question with respect to your association so it will be up to the association members to interpret questionable or ambiguous parts of them. See RONR p. 588.Nothing in RONR requires membership in an association as a qualification in order to be elected to, or serve in, an office. P. 447.Do your bylaws require it? Link to comment Share on other sites More sharing options...
311fan Posted January 9, 2012 at 04:19 AM Author Report Share Posted January 9, 2012 at 04:19 AM The by laws say the members can serve on the board. Link to comment Share on other sites More sharing options...
jstackpo Posted January 9, 2012 at 09:37 AM Report Share Posted January 9, 2012 at 09:37 AM The by laws say the members can serve on the board.OK, members "can serve", that's an an option. But do your bylaws require membership as a qualification to serve? Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 9, 2012 at 12:50 PM Report Share Posted January 9, 2012 at 12:50 PM Our Co-operative by laws say that members (which are the unit owner) can serve on the Board of Directors.If the bylaws say members can (i.e. may) serve on the Board, that is not the same as saying non-members cannot serve. If the bylaws say only members may serve (i.e. membership is a requirement for serving), that's a different story, and it would seem you have a problem with this non-member serving. But this is a question of interpretation of your bylaws (not RONR) which is beyond the scope of this forum. RONR offers some insights into bylaw interpretation beginning on page 588. If it is determined that she is ineligible to serve, a Point of Order may be raised at any time in this regard. (RONR 11th Ed. p. 445 ll. 19-22)Myself (a member) lost by one vote.If this non-member was also allowed to vote, and her vote could have affected the result of the election (as apparently seems to be the case what with you losing by one vote), then a Point of Order can be raised in this regard, and the chair should rule the election null and void, and it should be redone. (RONR 11th Ed. p. 445 ll. 26-30)Since that non-member shouldn't even be on the board, shouldn't I get that seat?No. If you didn't receive a majority of votes, you weren't elected, no matter how flawed the election was.This very upsetting to me because I feel I'm being violated of my rights to serve.Well, I'm not sure you have a "right" to serve, at least according to RONR, in the sense that your rights of membership have been violated. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 10, 2012 at 02:18 AM Report Share Posted January 10, 2012 at 02:18 AM Since that non-member shouldn't even be on the board, shouldn't I get that seat?Not automatically. If the election is found to be invalid or the board member is found to be ineligible, a new election would be held - the runner-up does not automatically get the seat.This very upsetting to me because I feel I'm being violated of my rights to serve.You have a right to run for election, but you do not have a right to serve. It is up to the society to determine an eligible candidate by majority vote. If the election is held again, other eligible candidates might come out of the woodwork. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 10, 2012 at 12:51 PM Report Share Posted January 10, 2012 at 12:51 PM If the election is held again, other eligible candidates might come out of the woodwork.Kind-a thinking that's where the one in question came out of. Link to comment Share on other sites More sharing options...
jstackpo Posted January 10, 2012 at 01:41 PM Report Share Posted January 10, 2012 at 01:41 PM Member of a splinter party? Link to comment Share on other sites More sharing options...
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