How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114057
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Should co-owners hire an attorney to fight a take over of the

This answer was rated:

Should co-owners hire an attorney to fight a take over of the board of directors? At a meeting we voted to elect board members. The announced board is not the acting board. A motion was made to amend the Association Bylaws to allow online voting, it was approve by majority vote. One of the individuals elected decided that the 14 online votes should not be counted, removing two elected members without notification of the dispute. No arbitration took place. It doesn't appear that the ballots were recounted and it's not certain that the votes were removed from the correct candidate. We have anonymous ballots. The Bylaws require 1/3 of co-owners signatures to call a special meeting, 79 signatures acknowledged but the attorney wants 100, all units do not have a co-owner (vacant). Petition was denied. Petition was titled Requesting a meeting to remove acting board & elect replacements. What's wrong with this as we don't know who would be removed? What's our best option to fight legally?
You would need to hire an attorney to fight this dispute as it would require seeking a declaratory judgment against the company by the individual shareholders to seek to enforce the properly passed bylaw allowing online voting. This would be a shareholder derivative action and the court would first have to rule on whether or not the online voting bylaw was properly passed and then would have to rule on the removal of the board members if the bylaw allowing online voting was proper.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 7 years ago.
Are you saying, the only way to correct an acting board not following the Bylaw (or simple ignoring it) to take advantage of the co-owners, is to hire an attorney to seek judgment? If so, what kind of attorney do we need? Thank You!
When a board does not follow the bylaws or ignores them, the procedure is to go to court to seek a declaratory judgment and you should use a corporate litigation attorney to do this.
Law Educator, Esq. and 6 other Business Law Specialists are ready to help you