New Port Richey, FL asked in Business Law for Florida

Q: If outgoing officers are contesting an election, who calls and facilitates the meeting at which the contest is heard?

This is a non-profit, and the by-laws state that the outgoing chairman's office ends as soon as the successor is elected. If the election process was not followed properly, which chairman or officer calls the meeting and leads the meeting? The incoming or the outgoing chairman?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: That's a very interesting question. There is no authority requiring such a meeting, but if one is desired, and assuming that the bylaws don't cover the issue, the best way to handle it would be for both persons to agree on a procedure. Either one could call for the meeting. Are you asking about a meeting of the board of directors or of the membership? In either case, depending on which side they take regarding the election, directors or officers could possibly refuse to recognize the call for the meeting, and could object to the alleged chairman leading the meeting. It could be a mess, absent agreement.

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