Our board established an executive committee consisting of three board members, excluding the two remaining board members, under Corporations Code Section 7212. Later, one of the non-executive committee board members sold his condominium, and the executive committee appointed a replacement board member. There are four remaining board members; three on the executive committee and one who is not on the executive committee. Since the Corporations Code prohibits the executive committee from “filling of vacancies on the board or in any committee which has the authority of the board” per Section 7212(a)(2), can the action be reversed, changed or modified or nullified? What is the appropriate venue for resolution, short of filing an action in court? Read the Q&A………………….
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