appoint board members

[Guest jon]

In our By laws it says you have to be a property owner but the board appointed someone that was not a property owner at that time but became a property owner 3 days later.  They did not remove her from the board and she sat in on a closed session meeting they said because it was an agenda item when she was appointed that she stays on the board.

Is this legal or does she needs to be removed from the board and does it make her ineligible to be on the department

 

 

[Transpower]

It seems to me you're splitting hairs here.  She must have indicated that she was in the process of becoming a property owner before being appointed, so I don't see a problem here.

[jstackpo]

...  unless she was a swing vote (tiebreaker) on a hot button issue that was voted upon before she actually became a property owner.

[Chris Harrison]

She must have indicated that she was in the process of becoming a property owner before being appointed, so I don't see a problem here.

I'm not sure you can assume that she made that indication though it is entirely possible she did.  However, I think it could be reasonable to argue that the breach (her being appointed while not eligible to serve) was healed (her becoming a property owner thus becoming eligible).  JD Stackpole makes a good point that if her vote could have affected the results of the vote when the breach still existed the vote would be null and void (RONR p. 251[d]) and another vote would have to be taken (and she could properly vote in that one).

[Gary Novosielski]

If there were votes that passed or failed by her one vote, then you might have issues to deal with.

 

If not, then "no harm no foul".  

 

Technically, even if you did make a stink, and even if sustained, and she was removed from the board, they could just turn around and appoint her again, since she is now fully eligible.  That's a long walk for a short drink of water.