Getting a Board and President to step down because dues not paid prior to being elected per bi laws

[Guest Tammy Sage]

We have a board here in the State of Missouri that is for a Community of Paradise Point Community and we had our general elections on August 31,2012 and they eleceted a President and board and come to find out in the bi laws it states that to vote or to be elected you must have your dues paid up to date. Well the one board memeber and President were not up to date on their dues they are husband and wife. Now we need to find out what we can do to get this President to either step down or get a revote. She has went as far as to call the Sheriffs Dept in to threaten and get the books from the outed Sectertary that was not voted back in. Now she fighting with everyone in the Community. Need some adive as what needs to be done or is there something we can quote from the law to make her step down and have a re vote? Need help ASAP Thank you Tammy Sage

[Chris Harrison]

At the next meeting of the General Membership (call a Special Meeting if the bylaws provide for it and you can get one called) you can raise a Point of Order that the elections of those who haven't paid their dues are null and void per RONR p. 251(a) because the bylaws don't allow those in arrears (haven't paid their dues) to vote or be elected (cite the bylaws passage if possible). It is highly possible that the President will rule the Point Not Well Taken (after all she is one of those who are in arrears) so be prepared to Appeal the ruling if necessary (see RONR pp. 247-260 for discussion on Point of Order and Appeal)

If you have 2/3 of the members who will be there on your side you might want to Suspend the Rules and have someone else preside (see RONR pp. 651-653, Official Interpretation 2006-2, and this script for details). Of course, these steps will only work if you have a sufficient number of members willing to back you up so make sure to do that legwork before the meeting and talk to folks.

[Gary Novosielski]

We have a board here in the State of Missouri that is for a Community of Paradise Point Community....

I presume that name was approved by the Department of Redundancy Department.