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BuddyJ (Maryland)
Posts: 37
Posted:
Recently a newly elected BOD member who is also our VP verbally resigned after a heated discussion about a dog during an officer meeting. I called them a few days later to confimed their resignation and requested they submit it in writing but they haven't.
Can we just accept their verbal resignation or do we need to go thru a majority vote of the members?
This is in Maryland and our By-Laws read:
"SECTION 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor."
DonnaS (Tennessee)
Posts: 5,671
Posted:

Buddy,

When you called him, what did he say at that time? Give hime until the next Board meeting to cool down and if he has not submitted his resignation in writting by then, give him the official removal by vote of the Board. Too bad that anyone gets that mad over a dog running but it does happen. Any resolution to the running dog?
MikeV (New Mexico)
Posts: 31
Posted:
This may be a silly question, but did you check your by-laws for any phrasing in reference to resignations? My association's by-laws have a paragraph that specifically discusses how resignations are to be submitted and dealt with by the BOD. Good luck.
JeanneK3 (Maryland)
Posts: 562
Posted:
What's an officer meeting? All board meetings in Maryland must be open and announced.
Jeanne
BuddyJ (Maryland)
Posts: 37
Posted:
This was during our open monthly meeting. Actually, it wasn't about a running dog, it was about a dangerous dog. We were all concerned about the potential risk with this dog since it had already attacked and killed their smaller pet dog. The dog was walked frequently on a leash around the neighborhood but they would tell everyone to stay away because their dog wasn't social.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The board can either accept the resignation and fill the vacancy or wait for a little while and see if this person was just venting about an emotional issue.

In any case, it should be handled in a timely manner. The business of the board is the most important thing.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Buddy,

You can't accept a verbal resignation. It's unwise to do that because there's always the possibility that this person will claim that the board acted illegally to remove him(her) from the board. I think it best to get the individual's resignation in writing. Then the resignation letter is read at the next board meeting, a motion is made to accept (or reject) the resignation, and then voted on by the board. Then that action appears in the minutes. That's the proper procedure to prevent any repercussions.

If the person fails to submit the resignation in writing, then the board should send a letter to the individual explaining that the board understands that this person wishes to resign and should submit a former letter of resignation by a certain date. If not, then the board intends to call a special meeting of the homeowners to seek the removal of this person from the board so that the vacancy may then be filled in accordance with the bylaws. (You should always refer to the relevant CCR and/or bylaw provisions so there is no misunderstanding.)

If the person was elected to the board by the general membership (homeowners), then the board cannot remove this person from the board. Only the homeowners can do that in accordance with your documents. That's why it's important to have that resignation in writing. Otherwise, that person could claim that the board acted illegally in attempting to remove him(her).
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By DonnaS on 07/22/2011 9:48 AM

give him the official removal by vote of the Board.

Official removal has to be done by the general membership. The board can't do it. Best to get the resignation in writing so the resigning board member doesn't later claim that the board tried to remove him illegally.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bruce,

OOPS! Me Bad. I re read and there it is in black and white. Removal by members vote. Sorry

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