Posted By JohnR4 on 01/20/2007 5:32 AM
I reqested a legal opinion on the mater, here is the bad news.
10-3807 Resignation of Directors
A. A director may resign at any time by delivering written notice to the board of directors, its presiding officer or the corporation.
B. A resignation is effective when the notice is delivered unless the notice specifies a later effective date or event. If a resignation is made effective at a later date, the board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date.
ANALYSIS:
A director may resign at any time. To effectuate his resignation, he must deliver written notice to the board, its presiding officer, or the association. The resignation is effective upon delivery of notice unless the notice specifies a later date or event. The board may fill the resigning director’s vacancy after notice is received provided the new director does not take his position until the date specified on the resignation. There are occasions where a director resigns in anger at a board meeting. That is not effective unless followed up with a written resignation. The law thereby establishes a built-in cooling off period. If the angry director does not follow it up with a written resignation, the board has to consider special elections to remove the director, or other alternatives.
I would get some more legal opinion because while the resignation is effective on the date of the letter, the board of directors must still make a motion to accept that resignation. And until the board accepts the resignation the resignation may not be effective.
If you get another legal opinion then ask about that.
As far as Robert's Rules, it is the most widely accepted meeting procedure available, and just like the CC&R's there are some laws that will come into effect that will override them. That's why it is important for board members to keep current on the laws of the state that govern planned communities.