Question: How to handle bylaws being broken. What are the recourse measures that can be taken?

Recently our entire PTO board was up for election. This board was one that didn't not follow bylaws, most of them say they didn't even know there were bylaws out there. Anyhow, new board was elected and the some from the old board still will not hand over their information which should have been turned over already according to bylaws. Checking account is still in old boards possession and will not hand that over either, they state outstanding checks and no time to meet with new members to hand over the information. This is breaking the bylaws but what recourse do we actually have to get action taken?

Asked by Anonymous

Answers:

Advice from PTO Today

Rose H writes:
Oh boy. You should go to the bank, explain the situation and see what options are available to you. The bank may be able to issue a new account number and new checks. Also, check with your principal. Sometimes the principal's name is on the account. If that's not the case, they may still be able to help you.

As it is almost September, it is very concerning to hear that the old board won't turn over the checkbook. Even if there are outstanding checks, it is no longer their concern.

As far as the other information they are refusing to hand over, that is a huge pain in the neck, but, sometimes groups do end up recreating work/contact lists, etc. because of uncooperative outgoing board members.

Focus on squaring away the finances first.

Good luck!

Community Advice

roshoffman writes:
Our bylaws state that our amenities are for property owners in good standing. Our new board has written a document with a waiver to give renters use of amenities. It clearing states in our bylaws, renters do not get use of amenities. They are saying he state requires us to do this, but cannot produce a document. What can we do?