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BernardT (New Jersey)
Posts: 1
Posted:
Hi:

An election was called for to replace the entire board of directors. It stated "all members in good standing are encouraged to run." There were 2 notices & our by-laws state that only member in good standing have a right to vote. A member in good standing is determined by them having a zero balance in there account - no less than at least 3 days prior to any vote.

At the elections, one of the candidates (person b) was seen talking to the independant monitor.

After the elections, where 5 of the 7 candidates were elected, this person b, being one of them, declared them selves president. Of course we have a process where the 2 top vote getters are president & VP....This person was 3rd.

Days later...Person b informs a member of the board that in the reports received it is showing they didn't pay their dues for the past few months. (FYI it's an annual dues thing - one bill...not monthly) They claimed that the management company was always wrong and they assumed they were wrong here too.

My question is this....There are 3 people on the 5 member board that have declared themselves a majority and will do "whatever we want" (person b is there head).

I believe person b must be thrown off the board & the next candidate at the elections, the true, in good standing candidate, winner.

If required to vote them off, the vote would never be just. Correcting the election results should be the goal. It turns out that the discussion at the elections was - person b being told they owe money. Person b berated the monitor saying their records are wrong and always wrong....and they can prove it....However the fact is person b was not a member in good standing and paid days after the election.....

Can anyone please explain to me why they should not be thrown off the board by the President, without a vote?

Thanks

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