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Nonprofit Law/By Laws limiting eligability to run for board


> In our By Laws it states that only a member with One year board
> experience can run for President, Treasurer or Vice President is this
> ok to have in our By Laws.  In my experience being a booster member at
> a public school, this is creating a elitist society because only
> current board members can run for these position despite their
> previous year's performance.  Most parents voted in as a board member
> are re-voted in year after year until their child graduates out,
> unless a board member has been asked to resign because of performance
> or performance was poor the year prior.  In this case the booster has
> no choice but to choose current board members and there is no point to
> vote these positions in because no one can run against them anyways.

States allow nonprofit corporations to give requirements for Official positions and do not prohibit the enforceability of the provisions in your organization's bylaws.

Harvey Mechanic, Attorney at Law -

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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