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I'm in SC and a member of the Aiken Board of Realtors

I'm in SC and a...
I'm in SC and a member of the Aiken Board of Realtors governed by the SC Nonprofit Corporation Act of 1994. Our bylaws specify a need for 25% of the members to call a special meeting, but the law requires only 5%.
SECTION 33-31-206. Bylaws.
(a) The incorporators or board of directors of a corporation shall adopt bylaws for the corporation.
(b) The bylaws may contain any provision for regulating and managing the affairs of the
corporation that is not inconsistent with law or the articles of incorporation.SECTION 33-31-702. Special meetings.
(a) A corporation with members shall hold a special meeting of members:
(1) on call of its board or the person or persons authorized to do so by the articles or bylaws; or
(2) except as provided in the articles or bylaws of a religious corporation, if the holders of at least
five percent of the voting power of any corporation sign, date, and deliver to any corporate officer
one or more written demands for the meeting describing the purpose or purposes for which it is to
be held.In this case, which prevails? Bylaws or State law?
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Answered in 1 hour by:
11/1/2017
Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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Customer reply replied 1 month ago
not really. We are having problems with our Board and need to know if Bylaws or State law prevails.
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