EVICTION PROCEDURES

Board Meeting on Notice to Appear
 

• When a Notice to Appear has been given, the Member can appear at the Board of Directors meeting and can have a lawyer or other representative. The Member and a representative can speak at the meeting. They can also deliver written statements at the meeting or before the meeting. They can take notes but cannot record the meeting, whether by tape or any other device. The Board sets the procedure for the meeting. The Board can limit the number of people brought by the Member.

• If the Board of Directors decides to continue the meeting on another date, no new Notice to Appear is required if the time and place to continue the meeting is announced at the original meeting.

• The Board of Directors makes an eviction decision by passing a resolution to evict a Member.  A quorum of the Board must be present and there must be a majority vote. The Board decision should state the grounds of eviction on which the decision is based and the termination date. The Board can make its decision using Schedule F or Schedule G attached to this by-law. The minutes do not have to state who made or seconded the motion to pass the resolution or how each Director voted.

• The decision can state a termination date that is later than the proposed date in the Notice to Appear.

• Written notice of a decision to evict must be given to the Member within ten days after the Board meeting. Schedule H or Schedule I attached to this by-law can be used for the notice.  The Notice should normally include a copy of the eviction decision.