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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38791
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was a member of an non profit association Board of directors

Resolved Question:

I was a member of an non profit association Board of directors location state of Washington I was recently removed from the Board by a majority vote I ask for a special committee to be convince to investigate the allegations presented to as it states in the associations bylaws This was denied by the Board. What can I do.

Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

In terms of this 'special committee', is that the listed process for any removal and is that listed in the bylaws directly? Were you voted out and removed? I ask because an investigation and a vote out via a special election or meeting are somewhat different in nature. Please advise!
Customer: replied 1 year ago.


It is stated directly in the bylaws any allegations involving breaches of Code of Conduct require a committee to be form. It was done by a majority vote during an in Camera session of the Board only

Expert:  Dimitry K., Esq. replied 1 year ago.
Ron,

Thank you for your follow-up. And just to be sure, the non-profit did not take any steps to investigate, they simply voted to remove, is that correct?
Customer: replied 1 year ago.


That is correct

Expert:  Dimitry K., Esq. replied 1 year ago.

Than you for your patience, Ron.

 

That does appear to be a violation of the in-house bylaws, and is potentially both a breach of your due process and is a breach of the fiduciary duty owed to the non-profit and to you as a [former] Board member. This is a situation that is not a state violation, at least not exactly, but it would violate your right to be heard and reviewed. Hence, this is a situation where the only recourse available is to retain counsel and to file suit against the Board and the Non-Profit for violating due process. You would need a business litigation attorney who has experience with business entities that have Boards, profit or non-profit. That is your only legitimate option to seek recourse, damages, and potential reinstatement.

 

Hope that helps.

Customer: replied 1 year ago.


Thank you would you have any recommendations on a Law firm I could contact

Expert:  Dimitry K., Esq. replied 1 year ago.

Ron,

 

You are most welcome and glad to help. I am unfortunately barred by site rules from making a personal recommendation and a referral. What I can suggest is that you consider browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise. Those are the sites I personally use for my own clients.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38791
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
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Attorney at Law
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.