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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118779
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Our non-profit organization held it annual election. One of

Customer Question

Our non-profit organization held it annual election. One of the positions could not be filled because the person holding it termed out. Our by-laws has a term limit of 3 years. On bad information I received from another site, which said that you could suspend the by-laws for one item, I persuaded the Board to do just that. We then re-elected the same person to a 4th term. Now I know this was wrong. How can I fix this mess
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have a couple of options. First, since he was invalidly elected, review the bylaws about appointing a member when a vacancy occurs. IF you have to hold another election and you want the same person, then you need to file a bylaw amendment proposal and actually change the bylaws, if not you have to elect a new person to the position. Those are the options to fix the issue.