https://www.ericperkinslaw.com/wp-content/uploads/2016/02/PerkinsLawLogo3.png 0 0 EPManager0 https://www.ericperkinslaw.com/wp-content/uploads/2016/02/PerkinsLawLogo3.png EPManager02018-11-13 17:09:272018-11-13 17:09:27What Can Members of a Nonprofit Organization Do When the Board of Directors Violates the Bylaws?
The board of a nonprofit organization presided over a membership meeting and announced that a quorum was present at the members meeting, knowing that no quorum existed, and then let the results of the ensuing vote on a controversial issue stand. What can be done to challenge this?
ANSWER: In theory, an aggrieved member could either initiate a lawsuit or file a complaint with the Attorney General’s Office and ask for an investigation. Before you starting running to the courthouse, however, consider whether litigation is truly worth the time, effort, and expense (hint: it VERY RARELY is). Typically, the more effective approach is to communicate your concerns with the board of director and your fellow members and advocate for whatever course of action you deem to be in the best interests of the organization, whether it is replacing ineffective board members, adopting a Bylaw amendment, reconsidering a prior board decision, etc. At first blush this looks like a legal question, but it is really a political and practical one. Understand your governing documents, communicate with your colleagues to build support, and then advocate for your position.