President of HOA Resigning

Started by MaureenM1 • 7 replies • 1888 views

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MaureenM1 (PA)
Posts: 344

Posted:

Our president of our Association (who is also the Declarant and has the majority of votes) just send me and our other resident board member an email that he is resigning his position on the board due to litigation between him and the developer. He has three votes to our two (me and the other board member).

He addressed the email to our Project Manager stating that he is resigning and wants to appoint ME as the President, however, he will retain his 3 votes. Our development is still under Declarant control. He has NEVER attended or presided over any of our Annual Meetings. The other Board member emailed me saying that he would be cautious of this because as President I would be dealing with all the issues of the Association, however, the Declarant would still have the majority of votes.

My question is this...Can the President resign, appoint another Board Member as President and still keep the majority of votes? Also, can I decline and still stay on the board?

Any input would be greatly appreciated.

RogerB (Colorado)
Posts: 5,067

Posted:

Maureen, you can decline offer and still stay on the Board.

MaureenM1 (PA)
Posts: 344

Posted:

Can the President resign and still continue to retain his majority of votes (3)?

MarcoM (Texas)
Posts: 6

Posted:

The President/Declarant can resign, but what rights he retains depends on the Declaration of Covenants, Conditions and Restrictions(CC&Rs). A Declarant can have special or extra voting rights provided they are in the CC&Rs. If the CC&Rs do not have such provisions he should not retain them. Of course, he could try to modify the CC&Rs prior to his resignation.

We had a Board member submit his resignation and later wanted to retract it. He was notified that according to the CC&Rs his resignation was immediate.

I wish you well and want to thank you for community service!

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By MaureenM1 on 09/20/2010 11:07 AM
Can the President resign and still continue to retain his majority of votes (3)?

The President can resign from that office and still be on the Board. However, if he resigns from the Board he would not retain the right to any vote.

Since they could retain 3 votes out of five they would need to be present to hold a Board meeting. So either keep them as President or ask them to resign from the Board.

Good Luck with that

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

My question is this...Can the President resign, appoint another Board Member as President and still keep the majority of votes?

Yes, the developer is still in control but you will be the president. This means you have no power, but do all the legwork. Sucks, but its a good way to keep an eye on things.

Quote:

Also, can I decline and still stay on the board?

The developer doesn't really need a board. He is still in control. So its your choice.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MaureenM1 on 09/20/2010 10:07 AM

My question is this...Can the President resign, appoint another Board Member as President and still keep the majority of votes? Also, can I decline and still stay on the board?

Any input would be greatly appreciated.

The question is, did he resign from the Board or just the position of President? They are two different things. If he only resigned from the office, then he is still a member of the Board and has voting rights on the Board.

Tim

BruceC3 (Ohio)
Posts: 17

Posted:

I could only wish our whole board would resign!

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