IMPEACHMENT OR RESIGNATION

In another thread Elaine asks: Who is next in command after George? Mike is calling for Impeachment.

Caveat: I am not a Lawyer;

nor should this research be taken to indicate that I am either for or against the following described actions.
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One might jump to the conclusion that it might be a Junta of the Vice Presidents who would take charge; but!!!

As we are often told; UCO is organized under Florida Statutes, FS 617. Removal of any director is provided for in the Act.

If procedures are not provided for in uco Articles of Incorporation or in the Bylaws, the procedures in FS 617 are deemed to be so included.

In our case, mindful of UCO Bylaws stating that all Unit Owners are Members of UCO, it would envision a herculean requirement to obtain a majority of Unit Owner votes to remove the President.

Should the President or any director resign; a different procedure is envisioned by the Act.

Resignation requires merely a written notice to the Board of Directors, which in our case I believe is our Delegate Assembly!

The Board of Directors (Delegate Assembly) may then appoint a person to fill out the unexpired term. Please see the relevant extracts following. No doubt, this Post will elicit thoughtful Comment!
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CHAPTER 617
CORPORATIONS NOT FOR PROFIT

617.0808 Removal of directors.—

A director may be removed from office pursuant to procedures provided in the articles of incorporation or the bylaws, which shall provide the following, and if they do not do so, shall be deemed to include the following:

(1) Any member of the board of directors may be removed from office with or without cause by the vote or agreement in writing by a majority of all votes of the membership.

(2) The notice of a meeting of the members to recall a member or members of the board of directors shall state the specific directors sought to be removed.

(3) A proposed removal of a director at a meeting shall require a separate vote for each board member sought to be removed. Where removal is sought by written agreement, a separate agreement is required for each board member to be removed.

(4) If removal is effected at a meeting, any vacancies created thereby shall be filled by the members at the same meeting.

(5) Any director who is removed from the board shall not be eligible to stand for reelection until the next annual meeting of the members.

(6) Any director removed from office shall turn over to the board of directors within 72 hours any and all records of the corporation in his or her possession.

(7) If a director who is removed shall not relinquish his or her office or turn over records as required under this section, the circuit court in the county where the corporation's principal office is located may summarily order the director to relinquish his or her office and turn over corporate records upon application of any member.

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617.0807 Resignation of directors.--
(1) A director may resign at any time by delivering written notice to the board of directors or its chair or to the corporation.

(2) A resignation is effective when the notice is delivered unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board of directors may fill the pending vacancy before the effective date if the board of directors provides that the successor does not take office until the effective date.

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Dave