FL HOA BOARD MEMBER RESIGNATION / REAPPOINTMENT

Started by LindaB5 • 4 replies • 1703 views

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LindaB5
Posts: 23

Posted:

Question: This is pertaining to a board member in Florida who voluntarily resigned 24 days ago, the board accepted his resignation, it was put into the meeting minutes and now he has changed his mind and wants to return. Decision was not to fill his vacancy. If the board decides to bring this person back what is the process or is it a matter of it being too late? Thank you!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

You say a decision was made not to fill the vacancy. I say a decision could be made to fill the vacancy then the BOD could appoint him to the fill the vacancy.

Usually such an appointment must be approved by a majority of the BOD. He may not be approved.

The Bylaws may say an appointment is either valid for the balance of the elected term or until the next election. This has to be looked at.

I believe it can be done, but proper procedures must be followed.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The Board may typically appoint individuals to fill a vacancy. Check your governing documents and applicable corporate laws to be sure your Association is typical.

The process would be simple:

1) A Director makes a motion that the vacant position be filled by appointment and that xyz be appointed to fill that the vacancy.
2) Motion is seconded by another director.
3) Discussion occurs.
4) Vote is taken

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By LindaB5 on 07/06/2013 6:38 AM
Question: This is pertaining to a board member in Florida who voluntarily resigned 24 days ago, the board accepted his resignation, it was put into the meeting minutes and now he has changed his mind and wants to return. Decision was not to fill his vacancy. If the board decides to bring this person back what is the process or is it a matter of it being too late? Thank you!

If your governing documents specify that the board must be of a certain size, such as 5 members (as opposed to 3 to 5 members), then the board cannot decide to not fill the vacancy without violating your governing documents. They have no option but to fill the vacancy. However, they may fill the vacancy with anyone they choose who is willing. They do not have to fill the vacancy with the person who resigned.

LindaB5
Posts: 23

Posted:

Thank you all for your response and I am looking into the details.........

I truly appreciate it....

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