I agree with Michael that you are not going to make any friends or any money by suing. Lawsuits have a way of getting out of control. He is correct that $10,000 and even $20,000 our the very least you would end up spending.
It is also possible that the attorney fees of the President and other directors might be paid by insurance. So you would be paying, and they would be getting defended for free by an insurance company attorney chargin a lot less per hour than your attorney. That means they can bury you in legal paperwork, running up your bill, at little or no cost to the defendants.
You have the right to attend Board Meetings. I would not encourage you to do so, because of the hostility you have described. It would not be a pleasant experience for you.
You have the right to inspect and copy the records of the corporation, including the addresses fo all member. You could then start contacting member to campaign for their votes at the next annual meeting to elect the directors, assuming that the directors are elected by the members. In some non-profits, the directors elect replacement directors. With enough votes, you might still be able to force an election by the membership. I would need to do some research to answer that question.
If you decide to conduct such a letter-writing campaign, I recommend that you have each letter reviewed by an attorney. The president will be itching to catch anything you say that she can claim is false, in order to dirty your reputation with the members or sue you for libel.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Mar 27th, 2015 at 4:03 PM