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

board of directors? At a...
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?
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Answered in 37 minutes by:
9/6/2009
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 120,138
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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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.

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Customer reply replied 8 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.
Category: Business Law
Satisfied Customers: 120,138
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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