Is there anything I can do to make a non-profit organization’s board follow their bylaws when they haven’t done so for years?

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Is there anything I can do to make a non-profit organization’s board follow their bylaws when they haven’t done so for years?

I recently became treasurer of a small non-profit organization. The board disregards bylaws much of the time as to the requirements to be on the board and especially in the process outlined in the bylaws to make changes. Also, their tax number was revoked and they do not want to get it reinstated nor do they pay taxes. Is there anything that I can do to make them follow though on these obligations

Asked on March 22, 2012 under Business Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

One way to force the board of directors of the non-profit organization's bylaws, is to carefully read them to see what recourse you have. Most bylaws set forth a mechanism to enforce the bylaws.

Assuming there is no mechanism to enforce the bylaws of the entity that you are writing about within the bylaws, you can consult with a business attorney to see if contacting the Internal Revenue Service and your state's Franchise Tax Board about the problem in that the entity may lose its tax exempt status as a result.


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