Emergency Powers

ARTICLE XIX: EMERGENCY POWERS

The following shall apply to the extent not viewed to be in conflict with the Act: Section 1.     In anticipation of or during any emergency defined below, in Section 6 the Board of Directors may:

  • (A) Name as assistant officers persons who are not Board members, which assistant officers shall have the same authority as the executive officers to whom they are assistant, during the period of the emergency, to accommodate the incapacity of any officer of the Association; and

  • (B) Relocate the principal office or designate alternative principal offices or authorize the officers to do so.

Section 2. During any emergency defined in Section 6 below:

  • (A) Notice of a meeting of the Board of Directors need be given only to those Directors whom it is practicable to reach and may be given in any practicable manner, including by publication and radio; and

  • (B) The Director or Directors in attendance at a meeting shall constitute a quorum.

Section 3.    Corporate action taken in good faith during an emergency under this Section to further the ordinary affairs of the Association :

  • (A) Binds the Association; and

  • (B) Shall have the presumption of being reasonable and necessary.

Section 4.    An officer, assistant officer, director, or employee of the Association acting in accordance with these emergency provisions is only liable for willful misconduct,

Section 5.    These emergency provisions shall supersede any inconsistent or contrary provisions of the By-Laws for the period of the emergency.

Section 6.     An emergency exists for purposes of this Article XIX if a quorum of the Association's Directors cannot readily be assembled because of an act of God, natural disaster or other like catastrophic event.