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Guest theresa

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good afternoon,

 

Our organization's by laws state that "any and all members are entitled to a vote after attending 6 regular meeting during the fiscal year and also be entitled to be elected a member of the board of directors at the annual meeting"

 

it goes on to say "at least 10 members excluding the board of director members must be present to have a quorum to conduct busines and 6 board member shall be present"

 

at our recent election, we did not have at least 10 members, nor did some of the people nominated and voted in had attended 6 meetings.

 

My question is....(1)  was this a legal election

(2) if there is no mention in the by-laws about allowing member to serve on the board that have not attended 6 meetings be allowed to serve?

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good afternoon,

 

Our organization's by laws state that "any and all members are entitled to a vote after attending 6 regular meeting during the fiscal year and also be entitled to be elected a member of the board of directors at the annual meeting"

 

 

Apparently no one is entitled to vote at the first 6 regular meetings in a fiscal year.

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Our organization's by laws state that "any and all members are entitled to a vote after attending 6 regular meeting during the fiscal year and also be entitled to be elected a member of the board of directors at the annual meeting"

it goes on to say "at least 10 members excluding the board of director members must be present to have a quorum to conduct busines and 6 board member shall be present"

at our recent election, we did not have at least 10 members, nor did some of the people nominated and voted in had attended 6 meetings.

My question is....(1) was this a legal election

(2) if there is no mention in the by-laws about allowing member to serve on the board that have not attended 6 meetings be allowed to serve?

1.) If a quorum was not present at the time the vote was taken, the election is not valid, but clear and convincing proof must be provided of that fact in order to raise a Point of Order on that subject at this time. If members were elected who were not eligible to serve, their elections are not valid, whether or not a quorum was present.

2.) Yes, but your bylaws do mention this. As you note, your bylaws state that "any and all members are entitled to a vote after attending 6 regular meeting during the fiscal year and also be entitled to be elected a member of the board of directors at the annual meeting." It can be reasonably inferred from this rule that members who have not attended the required number of meetings are not eligible to serve.

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It can be reasonably inferred from this rule that members who have not attended the required number of meetings are not eligible to serve.

While I think that a reasonable inference, someone (not me) might argue that the rule says:

Any and all members are entitled . . .

1. to a vote after attending 6 regular meeting during the fiscal year and

2. also be entitled to be elected a member of the board of directors at the annual meeting.

 

I think for this reason, and because of the situation alluded to by Mr. Honemann, these bylaws are in serious need of a re-write.

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