Can they do this?

Ok, folks, I have posted a few times of the problems with our HOA. Also that I was voted on the Board and assigned the job as Secretary. Well theres been alot happen and I need help. This may be long but I'll go step by step. 1) Aug. 31st I resigned(long story)...2)Sept. 1st I received e-mails from the President and Treasurer asking me to please stay they needed me, etc....3)Sept 30th, the President e-mailed me, saying she hadn't heard from me but "if indeed I wanted to remain on the Board to let her know by Mon, Oct2nd.....4)On Oct2nd I replied to her e-mail and withdrew my resignation and stated I would like to remain....5) On Oct 4th I then receive another e-mail with her expectations and then went on to say, "so lets work together and do the great job I know we can do. (Now I may be wrong but this statement sounds to me like my resignation was null and void) So I believed I was still part of the BOD's....6)It was Nov13th and I had not heard a word from either of them, so I e-mailed asking why and also requested some files/records I wanted/needed.....Nov 16th I received an e-mail that she would respond within a week....7)Nov 19th I thanked her and wished her a Happy Thanksgiving.....Nov.24th, I still hadn't heard from her so I e-mailed again reminding her that alot had to be done before the end of the year and we needed to get together....Nov,27th I received another e-mail stating she would get back with me in a couple of days.... Nov.27th I checked and found out our utility bills had not be paid for 2 monthes(since new MC took over) and were to be shut off Dec6th. I e-mailed both the President and the Treasurer this information(which they were both unaware) so this could be taken care of. I also called our Manager(she was busy, left a message, she never called back)I wanted to ask WHY this had happened?....Nov28th(today) I called the Manager again, she was very rude to me and told me I was not the Secretary, that the President had told her this. So I told her I had the right to these records anyway as a HO. Very rudly she said she knows the rules, that is her job and she didn't need me to tell her. If I wanted anything to put it in writing. How funny, I was the one who had to tell her to pay our utility bills. Wish now I hadn't and they would have cut them off....So now after all of this, can they just throw me off the Board like this (when it appeared from her e-mails that I was still there) and she never told me any different. It seems to me that I read somewhere on this forum that since I was voted in by the members that they can remove me from Secretary but NOT from the Board. If the 2 Board members can do this (we use to have five(5)and committees too but they quit and these other 2 do not want to replace them so they can have complete control.....I know all you guys are smart and can tell me like it is...if I'm out so be it. If I'm not give me some advice as what to do....Thanks, I hope my problem is one that will get some responses.

lol....roger, is it me that smells fishy or the other 2 Board members. I still don't know the answer to my question....can they except me back and then w/o any word from them throw me off. So far they have only told the property manager....the only reason I have not called is because I want everything in writing. If not it's he said she said....The are not happen w/me because I have called them on so many things. I have read and studies every document we have many times, I am on the computer pulling up info daily, I spend at least 4/5 hours a day reading your forum and other HOA sites. I want things done and they are dragging their feet. Their own words "Our time is limited". I just felt once I was told and made to believe I was still on the board, how they can then turn around and kick me off....Aren't you the one who said a Board could remove you from being an officer but not remove you from the Board?....If this is the case doesn't there have to be a recall to remove since I was voted in?....I'm not happy with what is happening or should I say NOT happening within our community. I would very much like to remain on the Board but if I can't, I can't...

Roger B is one smart man. Call the President and speak directly to him/her. Or, if you cannot get hold of them after leaving a message and a reasonable time passes send the a letter via USPS certified, return receipt requested.

Yes, Kathy, we did vote in 5 Board members but when 2 quit, the President chose not to replace them...It does not say we must have five. With only three, they have more control, less opinions. The President and the treasurer have get togethers all the time. I was included once and that was an illegal meeting w/o HO's given a notice....I still have not heard a word from them. I was told by the MC manager yesterday morning that Lisa had told her I was no longer on the Board. I have no idea what is going on...All I know is the Presidents last e-mail said if I indeed wished to remain, let her know by Oct 2nd...I did this and told her I would like to remain....I only know what the MC manger told me....Wouldn't the President at least have to tell me she decided she doesn't want me back?....But if they don't contact me, what can I do?

John, some By-laws require resignations to be in writting. If so and they resigned verbally then they never officially resigned. If they resigned in accordance with the By-laws the Board must vote to fill the vacancy and they can chose not to put that person back on the Board no matter what the emails stated.

What can you do? Write a letter to the Board stating:
1) The Board member never officially resigned and therefore is still on the Board; or
2) The Board advise you on their reason(s)why this ex Board member was not accepted back since the members elected that person to the Board. Also let them know that if they do not replay or if the reasoning is not sound it will raise serious concerns as to whether or not they should be allowed to continue on the Board.