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When a board member breaks the lawFeb 24, 2016

I live in a co-op. Recently a board member began operating a commercial kitchen out of their apartment. A few months later the board of health stepped in to close down the business. However, the board member was allowed to remain on the board..Is this legal??

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When a board member breaks the law - info@askthepropertymanager.com Feb 24, 2016

Hello westsidegirl;

Unfortunately, unless the By-laws of your cooperative corporation have specific language regarding cause for removal of board members, short of
the member resigning, there would be no way for fellow board members to have her unseated.

While I do not know what your By-laws say regarding misconduct by board members, some By-laws require a majority vote of shareholders to remove a board member, and some do provide for removal by the other board members. You would need to review the By-laws of the corporation to find out.

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When a board member breaks the law - info@askthepropertymanager.com Feb 24, 2016

Hello westsidegirl;

Unfortunately, unless the By-laws of your cooperative corporation have specific language regarding cause for removal of board members, short of
the member resigning, there would be no way for fellow board members to have her unseated.

While I do not know what your By-laws say regarding misconduct by board members, some By-laws require a majority vote of shareholders to remove a board member, and some do provide for removal by the other board members. You would need to review the By-laws of the corporation to find out.

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when a board member breaks the law - westsidegirl Feb 25, 2016

thank-you,,read the by-laws and a majority vote of shareholders is needed..

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