President refuses to act

[Guest John]

A private recreational club (501©4)  has horrible by-laws that leaves all power to the board. (The club is incorporated.) The president has drained the finances (apparently leagally) to the point of financial ruin and has the board members in his pocket. It is anticipated that the president will not set the date of the annual meeting, as required by the by-laws. There does not seem to be any mechanism by which the members themselves can call for a special OR annual meeting to try to empanel a new board.

 

If the president refuses to act and 'rolls on' with business as usual, is there any way that the members can rise up within the confines of RONR, remove the president or board? The by-laws call for the president to set the date of the annual meeting before Nov 1, giving notice 5-30 days beforehand. We are in hopes of presenting new board candidates and letting the processs work for us until the by-laws can be corrected. But if not, then what?

[Josh Martin]

If the president refuses to act and 'rolls on' with business as usual, is there any way that the members can rise up within the confines of RONR, remove the president or board?

 

The membership can't do anything without a meeting.

 

The by-laws call for the president to set the date of the annual meeting before Nov 1, giving notice 5-30 days beforehand. We are in hopes of presenting new board candidates and letting the processs work for us until the by-laws can be corrected. But if not, then what?

 

If there is no other method to call a meeting, you really don't have any parliamentary options. I'm afraid you may need to seek legal advice.

[DrEntropy]

Josh has the best answer, but I would throw out this alternative: If the president has really drained all the financial assets of the club, consider resigning.  Perhaps start a new club, this time don't be careless with the bylaws. (Buy yourself a copy of RONR 11th for guidance).