Corporate Law Youth Sports Organization in Violation of Club Bylaws

[drumzspace]

This non-profit youth sports organization/club in New York State has been in violation of its bylaws for at least 8 - 10 years. No elections have been conducted during that span, no open meetings have been held, finances are in question, etc .... All of these items have been requested on more than one occassion, even by Board members not on the Executive Board. In fact, many people within the community are fearful for possible repercussions against their children, i.e they won't be placed on a travel team and so on. This results in people being hesitant to speak up.

What actions are available and/or recommended and under what statutes or laws in order to initiate change. How many people would be required to participate in such an action. Also, can the Executive Board be forcibly removed without legal action but based on State law? At all costs, the children within this club must not be affected in any fashion. Any help would be greatly appreciated. Thanks in advance!

 

[mike]

This non-profit youth sports organization/club in New York State has been in violation of its bylaws for at least 8 - 10 years. No elections have been conducted during that span, no open meetings have been held, finances are in question, etc .... All of these items have been requested on more than one occassion, even by Board members not on the Executive Board. In fact, many people within the community are fearful for possible repercussions against their children, i.e they won't be placed on a travel team and so on. This results in people being hesitant to speak up.

What actions are available and/or recommended and under what statutes or laws in order to initiate change. How many people would be required to participate in such an action. Also, can the Executive Board be forcibly removed without legal action but based on State law? At all costs, the children within this club must not be affected in any fashion. Any help would be greatly appreciated. Thanks in advance!

It is possible to sue under New York State non-profit corporate law http://assembly.state.ny.us/leg/?cl=76 . What is probably more effective is to go to the news, file complaints and send them certified return receipt to the NY State Attorney General and to the NY State Division of Corporations at http://www.dos.state.ny.us/corp/corpwww.html - see information there.

Take a look at these sections which may contain information about what you seek:

http://assembly.state.ny.us/leg/?cl=76&a=8

Section 701. Board of directors.
702. Number of directors.
703. Election and term of office of directors; alternates.
704. Classification of directors.
705. Newly created directorships and vacancies.
706. Removal of directors.
707. Quorum of directors.
708. Action by the board.
709. Greater requirement as to quorum and vote of directors.
710. Place and time of meetings of the board.
711. Notice of meetings of the board.
712. Executive committee and other committees.
713. Officers.
714. Removal of officers.
715. Interested directors and officers.
716. Loans to directors and officers.
717. Duty of directors and officers.
718. List of directors and officers.
719. Liability of directors in certain cases.
720. Actions on behalf of the corporation.
720-a. Liability of directors, officers and trustees.
721. Nonexclusivity of statutory provisions for
indemnification of directors and officers.
722. Authorization for indemnification of directors and
officers.
723. Payment of indemnification other than by court award.
724. Indemnification of directors and officers by a court.
725. Other provisions affecting indemnification of directors
and officers.
726. Insurance for indemnification of directors and officers.