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Bylaw Provision on Directors’ Removal Does Not Prevent Judicial Removal

Bylaw Provision on Directors’ Removal Does Not Prevent Judicial Removal

Bylaw Provision on Directors’ Removal Does Not Prevent Judicial Removal

Court says bylaw and statutory removal provisions are not exclusive and supplement each other without contradiction
In the “latest installment of long-running serial litigation” involving control over an Oregon homeowners’ association, the Oregon Court of Appeals has reversed a trial court and held that a court has jurisdiction to consider judicial removal of members of the board of directors, even where the association’s bylaws provide a means of removal by the members. The Court has reversed a trial court decision dismissing an action seeking judicial removal of the board.

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