Board Member Resigned Twice

Started by BeverlyV • 9 replies • 2853 views

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BeverlyV (Florida)
Posts: 5

Posted:

We had a meeting in Jan of this year for all new board memebers for elections. Two of the board members was not there. So, the board member voted this one board member in the same spot as he was before. When we all got home we all received an email from him that stated that he resigned from the board as of that date.

The Vice President talked to him and they agreed to changed spots. The President told them that the board has to vote on this. He sent an email out again that he will resign if they have to vote for him as a Vice President. Now he resigned again.

Two of the board members asked him to come back on the board again. So, they have put him on the list of board members. These two board members will not listen to the president who told them that this board member has resigned twice.

My questions is this: When someone resigned twice by email, can they come back on the board again? Do we have to vote them back on the board again?

Thanks

TimB4 (Tennessee)
Posts: 21,059

Posted:

Typically a member of the Board may resign his Office (secretary, President, etc.), his seat on the Board or both as they please. They may also, at the Boards discretion, withdraw their resignation.

The Board does not have the option to refuse a resignation. However, they do have an option to agree or disagree with the withdraw of the resignation.

Typically, unless your governing documents specify otherwise, a board may appoint anyone they please (who meets any eligibility requirements) to fill a vacant seat on the board (even the same individual that resigned).

Based on your posting, it sounds like the individual is withdrawing their resignation.

FredB4 (Ohio)
Posts: 375

Posted:

What is the objection to his being the VP ? It sounds like this board member (who didn't show up at the meeting ???) is trying to force the board into accepting either his resignation or accepting him as VP.

However, since it was initally voted on by the board to leave him in his present position ... IMO the president is correct ... Any changes to that vote needs to be approved by the board.

SusanW1 (Michigan)
Posts: 5,202

Posted:

No elected officer can "agree to exchange" positions with another person.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Beverly:

Here is from non-profit statutes if you are registered as such:

617.0807 Resignation of directors.—(1) A director may resign at any time by delivering written notice to the board of directors or its chair or to the corporation.
(2) A resignation is effective when the notice is delivered unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board of directors may fill the pending vacancy before the effective date if the board of directors provides that the successor does not take office until the effective date.

Potentially they should just accept the resignation and the board appoint someone to fill the position for the remaining term.

BeverlyV (Florida)
Posts: 5

Posted:

Hello Fred,

I really do not know what is his objection being VP. He really has not done anything when he was on the board. Several past board member has made comments about this. They stated that they really did not want him to be VP either. It was not best for our neighborhood.

You are right about he is trying to force the board into accepting him as the VP. Which is very sad. The President has sent him an email that she accepted that he resigned. But three of the board members will not accepting him to resign.

BeverlyV (Florida)
Posts: 5

Posted:

Hello Susan,

I wish the other board members understand that. The only one that does is the President and one other board member.

BeverlyV (Florida)
Posts: 5

Posted:

Hello Tim,

I really do not know what he is planning on doing. I think he is just playing a game with the board. If you do not do what I want, I will resign. He is just acting like a two year old. He does not understand that the board has to vote for him to be a VP, and anything else. He does not do anything on the board anyway. When he was a Treasurer, he got someone else do it. I talked to several past board members that stated that they really do not want him as a VP. It would not be good for the neighborhood or the HOA. We just do not know what to do. We have three on the board that wants things their way and only their way. This can not happen. It is two brothers, and a neighbor across the street from them. It will not be good for the neighborhood. Just do not know what to do.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BeverlyV on 03/02/2012 7:03 PM

We just do not know what to do. We have three on the board that wants things their way and only their way. This can not happen. It is two brothers, and a neighbor across the street from them. It will not be good for the neighborhood. Just do not know what to do.

When issues arise that tend to create a question of which direction to go, the answer is a simple one.

The Association must do what is legal.

Legally, the Board appoints the Officers. One of the first motions on your next meeting agenda should be to consider the withdraw of the resignations submitted. After that decision is reached, then the Board can revisit appointing Officers (if they chose).

Hope this helps,

Tim

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Tim's correct on reassigning officers to the board. It's a rather simple motion and vote for the board.

Now, if the person quit the board itself and not merely the leadership position, I tend to think the resignation is notice whether the board likes it or not. It's a notification as opposed to a request to resign.

If the board member offers a "make me VP or I quit" demand, consider it, vote on it and let the board member control his/her destiny.

This is an easy one even if the outcome is undesirable.

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