Cooperative Special Meeting called but the BOD denied

[Guest Fran]

A petition was signed and a special meeting requested 10 day from notice

by 5 shareholders which is 10 percent of shareholders to discuss and vote on coversion from cooperative to condo.

the intent was posted but of course many other courses of action could have taken place

should the meeting be adjourned for more time a vote could have been taken 30 days out.  But the BOD did not like the way the contract read and expected said company to give their info for free with no contract....The BOD felt that more time was needed and the petitioners

are willing to allow that and push the meeting.  However the BOD do not seem to understand that 

Calif State Law supercedes our bylaws.  This was above board request and they do not have the right

to ask for further steps to be taken.  They are now asking for a vote by the shareholders to be taken

to even allow the education process to begin again without any kind of contract. How can shareholders vote on something they know nothing about.

I understand the reasoning...but with all due respect to the company they have been working with on this cause

what would be in it for them to do this education and IUA's if their was no gtd of getting the job should the vote pass.

Is this leagal?  Can a BOD ask that 2 votes be taken?  One to even get the education started and then of course the 

vote to convert would come after.  I understand why the company involved needs more assureance that their template for conversion

will not be taken and given to someone else. etc...thougths?  Feed back?  Should the petitioners get an Attorney?

[Rev Ed]

As this deals with statute, a lawyer is the best person to assist you.  However, from a parliamentary procedure if the general membership has the right to vote on the issue (i.e. it is not something that the statute or By-laws have specifically allowed the Board to deal with), then it is up to the members as to what they do. 

 

The members have choices at the meeting:

 

1)  Vote on the original motion (either approve it or vote it down.)

 

2)  Amend the original motion to something that people will accept (although not likely in this case.)

 

3)  Refer the issue to a Committee and with a date to report back on (i.e. another special meeting or at the next AGM.)

 

4)  Vote to postpone the motion to a certain time (i.e. another meeting.)

 

Adjourning the meeting outright in this case would be a waste of everyone's time.  However, a motion to adjourn to another day would be in order.  However, at this point people would have gone out to one meeting and may feel that they want some sort of a 'decision' which moving to adjourn the meeting to another date may not accomplish.