HELP!

Started by LisaN4 • 6 replies • 1381 views

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LisaN4 (California)
Posts: 1

Posted:

Our hoa president resigned, with 1 year left of her term, one day after elections filling 3 vacant seats. Now, (3 months later) she wants her position back! She and the property management co. say that since there was no written resignation, that her ORAL resignation, (that was recorded in the minutes) is NOT VALID.

Does a resignation HAVE to be in writing??? We do NOT want this woman on our board. Our community has suffered enough with her leadership...

Trash EVERYWHERE
Rules being broken with no consequences
Playground equipment broken and dangerous, feral cats using sandbox as litter box
...the list goes on and on.

Part of the problem is that NOBODY wants to deal with her. She is arrogant, ignorant, unprofessional and totally unapproachable. For the past 15 years, no one has even really wanted to be on the board because of her. Our newly elected President submitted her resignation when she found out that this woman rescinded her resignation.

Please help...
Is an ORAL RESIGNATION invalid?

ReneeC2 (Florida)
Posts: 93

Posted:

You're in luck. Someone in California already asked that question to Davis-Stirling:

A resigning director controls the date and time of his/her departure from the board. A resignation that takes effect at a future date may be withdrawn or postponed at any time prior to that date. The board cannot alter the date and time of another director's resignation by "accepting" the resignation prior to the effective date of the resignation. Once a resignation has taken effect, it cannot be withdrawn without the approval of the board.

PRETEND NOTHING HAPPENED?

QUESTION: One of our board members used exactly those words, "I quit!!!" in written board communication when things did not go to her liking -- but now she acts as if nothing ever happened and is making decisions for the board. Is she on or is she off?

ANSWER: She is off the board. As provided for in Corporations Code §7224(c), a resignation takes effect upon written notice to the board and does not need approval by fellow directors to be effective.

Future Date. If your resigning director had made her resignation effective at a future date, she could have withdrawn it. From your question, it appears the director did not qualify her resignation nor did she withdraw it. Accordingly, she is no longer on the board and the remaining directors may appoint someone to fill the vacant seat.

Potential Liability. If a board allows an x-director to continue to participate in board meetings and vote on issues, the association is at risk legally. If the x-director attends executive session meetings, the attorney-client privilege will likely be lost. In addition, any votes cast, whether in open meetings or executive session, where the x-director's vote was the deciding vote cast, may be challenged.

Read more: Withdrawal of Resignation http://www.davis-stirling.com/MainIndex/WithdrawalofResignation/tabid/1367/Default.aspx#ixzz2rFHa2b2R
from Davis-Stirling.com by Adams Kessler PLC.

ReneeC2 (Florida)
Posts: 93

Posted:

Quote:

Posted By ReneeC2 on 01/23/2014 9:56 AM
You're in luck. Someone in California already asked that question to Davis-Stirling:

A resigning director controls the date and time of his/her departure from the board. A resignation that takes effect at a future date may be withdrawn or postponed at any time prior to that date. The board cannot alter the date and time of another director's resignation by "accepting" the resignation prior to the effective date of the resignation. Once a resignation has taken effect, it cannot be withdrawn without the approval of the board.

PRETEND NOTHING HAPPENED?

QUESTION: One of our board members used exactly those words, "I quit!!!" in written board communication when things did not go to her liking -- but now she acts as if nothing ever happened and is making decisions for the board. Is she on or is she off?

ANSWER: She is off the board. As provided for in Corporations Code §7224(c), a resignation takes effect upon written notice to the board and does not need approval by fellow directors to be effective.

Future Date. If your resigning director had made her resignation effective at a future date, she could have withdrawn it. From your question, it appears the director did not qualify her resignation nor did she withdraw it. Accordingly, she is no longer on the board and the remaining directors may appoint someone to fill the vacant seat.

Potential Liability. If a board allows an x-director to continue to participate in board meetings and vote on issues, the association is at risk legally. If the x-director attends executive session meetings, the attorney-client privilege will likely be lost. In addition, any votes cast, whether in open meetings or executive session, where the x-director's vote was the deciding vote cast, may be challenged.

Read more: Withdrawal of Resignation http://www.davis-stirling.com/MainIndex/WithdrawalofResignation/tabid/1367/Default.aspx#ixzz2rFHa2b2R
from Davis-Stirling.com by Adams Kessler PLC.

Dang, But I think I'm wrong there. I was thinking "in written board communication" meant recording in the minutes her saying "I quit" orally.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Your MC can NOT tell you who can be on the board. That is up to the members. It is up to the elected board members to decide the office positions. She quit. So sad... so glad...

Former HOA President

RichardP13 (California)
Posts: 1,767

Posted:

Lisa

If the resignation is in the minutes and the minutes have been approved, the resignation has been finalized. Resignation do not have to written, only accepted. In this case, it was accepted.

Melissa, you are wrong! Members only have a say who is on the Board if there is an election. If a Board is appointed, the current or remaining Board members make that determination.

RichardP13 (California)
Posts: 1,767

Posted:

Lisa

To add, the resignation, though not written, took effect, once the minutes were approved.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

the board is elected and then from those board members they select the office positions. If you resign you can ask to be reinstated or appointed. I highly doubt you would return to an office position.

Former HOA President

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