Guest Susu Posted February 27, 2018 at 02:11 PM Report Share Posted February 27, 2018 at 02:11 PM there are no directions in our by-laws on how to remove a director that the poa wants to remove, if we submit a petition signed by 2/3 of the property owners will this be legal & will that board member have to step down? our by-laws state for the by-laws to be changed we have to have 2/3 of the po signature. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted February 27, 2018 at 02:42 PM Report Share Posted February 27, 2018 at 02:42 PM I have no idea what will be legal, since I don't know your jurisdiction or what a POA is, and we don't give legal advice anyway. As far as parliamentary procedure is concerned, such a 'petition' would have no force unless your bylaws say it does (I suppose, if the 2/3 is sufficiently motivated, it can first amend the bylaws). You should follow whatever disciplinary procedure your bylaws specify if there is cause to remove, unless the term of office contains specific language. What does the term of office in the bylaws say? Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 27, 2018 at 02:57 PM Report Share Posted February 27, 2018 at 02:57 PM 43 minutes ago, Guest Susu said: there are no directions in our by-laws on how to remove a director that the poa wants to remove, if we submit a petition signed by 2/3 of the property owners will this be legal & will that board member have to step down? our by-laws state for the by-laws to be changed we have to have 2/3 of the po signature. For starters, you might see FAQ No. 20: http://www.robertsrules.com/faq.html#20 I am assuming your "poa" is a property owners association. If so, such entities are sometimes subject to special state laws which would trump the rules in RONR. If this is such an organization, you might check into whether there are state laws regarding removal of directors of a homeowners association. Quote Link to comment Share on other sites More sharing options...
Transpower Posted February 27, 2018 at 03:00 PM Report Share Posted February 27, 2018 at 03:00 PM (edited) I'm surmising that "poa" means "president of the association." RONR (11th ed.), p. 653, ll. 26-33: "If the bylaws provide that officers shall serve 'for ___ years or until their successors are elected,' the officer in question can be removed from office by adoption of a motion to do. The vote required for adoption of such a motion is (1) a two-thirds vote, (b) a majority vote when previous notice...has been given, or (c) a vote of a majority of the entire membership..." update: OK, I suppose it's more likely that "poa" means property owners assocation... Edited February 28, 2018 at 01:59 PM by Transpower Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 27, 2018 at 03:32 PM Report Share Posted February 27, 2018 at 03:32 PM 30 minutes ago, Transpower said: I'm surmising that "poa" means "president of the association." Aw, C'mon! Really??? Quote Link to comment Share on other sites More sharing options...
Guest Dani Posted February 28, 2018 at 02:46 AM Report Share Posted February 28, 2018 at 02:46 AM Are Board members who are being removed from office allowed to vote on the matter? Our bylaws allow for removal but no one sure if the person can vote against their removal or not. Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted February 28, 2018 at 02:53 AM Report Share Posted February 28, 2018 at 02:53 AM Yes, if they are members of the body which is voting. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted February 28, 2018 at 03:11 PM Report Share Posted February 28, 2018 at 03:11 PM (edited) 12 hours ago, Guest Dani said: Are Board members who are being removed from office allowed to vote on the matter? Our bylaws allow for removal but no one sure if the person can vote against their removal or not. If a member is removed through the formal disciplinary procedures in Section 63 of RONR, the member is not permitted to vote during the consideration of the question of guilt or the penalty. If a member is removed through any other procedure, the member should not vote on his removal because he has a personal interest not in common with other members, but he still has the right to vote, unless the bylaws provide otherwise. Edited February 28, 2018 at 03:11 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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