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1/10/2013 4:25:21 PM

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Section 5: OPA Board
Subject: Board Still After Clarke Msg# 848609

From:

Joe Reynolds OceanPinesForum.com

Joined 8/1/1999

To:

Jack Barnes (Read) Focus On The Pines

Joined 5/12/2004

That by-law has been quoted many times. The issue isn't whether the board can remove a director. The issue is whether any removal would meet the test of "for cause" if the removed director went to court.

I believe the board is secretly considering a new Code of Conduct for Directors, with Stachurski involved in the writing. If so, some years ago when Stachurski voted to dump the old Code he said since directors are elected by association members, only association members should be able to remove a director.

At the present time there are no resolutions governing director conduct. I suspect there will be soon.

However, even if the board adopts a new code with some specific causes for removal, it would still take 5 votes to remove.... unless the board changed the by-law as well as writing and passing a code.

Ya gotta love this place. A never ending soap opera.

For reference, the above message is a reply to a message where:
From the OPA by laws. (b) A Director may be removed for cause by a two-thirds (2/3) vote of the entire Board of

Directors provided the Director is notified of the proposed action and granted an opportunity

for a hearing at a regular or special meeting of the Board of Directors prior to final action.

consecutive regular meetings of the Board without sufficient justification, being more than

sixty (60) days delinquent in payment of any charges due the Association, or as provided in

any Resolutions adopted by the Board which govern a Director's conduct.

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