Executive Board

[Guest Jean VanSchaack]

Can an executive board, sell or enter into real estate transactions without the board of directors consent? I have recently found that 6 pieces of "lots" have been sold, one in particular, the deed was signed by the President, witnessed by our Office Manager and Notarized by our Treasurer. Can this be?

[Rob Elsman]

Can an executive board, sell or enter into real estate transactions without the board of directors consent? I have recently found that 6 pieces of "lots" have been sold, one in particular, the deed was signed by the President, witnessed by our Office Manager and Notarized by our Treasurer. Can this be?

You will need to consult the organization's governing documents to see what are the powers of these officers or the "executive board".

[Guest Jean VanSchaack]

i have read them over and over and there is nothing in our by-laws that state they can do that. This executive board seems to think they can just do it. We have a meeting tomorrow any thoughts on how i can approach this?

[Gary Novosielski]

i have read them over and over and there is nothing in our by-laws that state they can do that. This executive board seems to think they can just do it. We have a meeting tomorrow any thoughts on how i can approach this?

Ask them to show you the bylaws provisions under which they took this action. If there is none, their actions are null and void (and they can be held personally responsible) unless their actions are ratified by the group that does have this authority.

So introduce a motion to Ratify their actions. Then vote it DOWN.

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P.S. ...then call a lawyer. In fact call a lawyer first. If there's land and therefore money involved you're gonna need one anyway.

[Kim Goldsworthy]

Can an executive board, sell or enter into real estate transactions without the board of directors consent?

I have recently found that 6 pieces of "lots" have been sold, one in particular, the deed was signed by the President, witnessed by our Office Manager and Notarized by our Treasurer.

Can this be?

Unclear.

The term "executive board" and he term "board of directors" are two terms referring to the same body, as the terms are used in Robert's Rules of Order.

So your statement appears, on the surface, to be nonsensical.

I think you are asking a legal question (i.e., contract law or your state's statute) and not asking a question of parliamentary procedure.

A board of directors is powerless, by default, under Robert's Rules of Order.

An executive board is powerless, by default, under Robert's Rules of Order.

Any power they have must come from somewhere.

And that certain 'somewhere' is usually one's bylaws.

So start there.