7/15/2017 3:28:08 PM
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Section 5: OPA Board Subject: Motion to Remove Director Trendic Msg# 987813
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Joe,
I think you asked this question earlier or maybe not but: 1. Can Herrick call the special board meeting for next Thursday on his own? 2. Does it take only one director like Hill to make the motion? Let me put it another way. Does it take only Hill's desire to make the motion and Herrick's desire to call the special meeting to hear the motion to set this all up? If so, presumably directors Jacobs and Parks could act on your email/letter plea and choose not to show up at the special meeting if they can't get it cancelled and thereby deny a 2/3 affirmative vote on the motion. In fact their absence from the meeting would render the meeting moot I would think. |
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For reference, the above message is a reply to a message where: and if we wan him removed we will not elect him next term Correct, assuming any director runs again. However, you should be aware that the bylaws also provide a way for the association members to force a referendum on removing a director. If the board removes Trendic, association members can then possibly move to remove those who removed Trendic. It is a high bar, taking 50% of all eligible votes to vote for removal. That means over 4200 YES votes to remove. It is a near impossibility. From the bylaws: (2) For issues for referendum under Section 4.08, removal of a Director under Section 5.12(a), or for amendments to the By-laws under Section 11.01, a petition requires signatures representing at least ten percent (10%) of the maximum number of votes that can be cast. a) A Director may be removed from the Board of Directors by a referendum initiated by a petition under Section 4.07. (1) A single petition may seek the removal of only one Director. A petition to remove a Director is not valid if filed less than one hundred eighty (180) days before the expiration of the Director's term of office. (2) If a petition to remove a Director is filed more than one hundred eighty (180) days prior to the annual meeting of members, a public hearing on the petition shall be held within sixty (60) days. If the petition is filed less than one hundred eighty (180) days prior to the annual meeting, the public hearing may be held at any time up to sixty (60) days prior to that meeting and the ballots for the referendum may be mailed to the members with the ballots for the election of Directors under Section 5.02. (3) The petition shall contain the basis for removal. The Director subject to the removal action shall be permitted to submit statements to be included in the notice of the public hearing on the petition and with the referendum ballots. A statement of position by the Board of Directors shall not be required. (4) Affirmative votes equal to a majority of the total votes that could be cast in the referendum are required to remove a Director. |
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