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DeepakJ (Washington)
Posts: 1
Posted:
I live in a small community of 40 homes. Our HOA has 3 members. Couple of weeks back, the HOA president had a spat with some homeowner and he compiled his resignation letter addressed to all homeowners and sent it via email to some homeowners mentioning that he is resigning from the board effective immediately. The other 2 board members are split on this. One says that he went and talked to the president and he realized that is resigned in a moment of emotional outburst and he wants to take it back. So he is not accepting the resignation and so the resignation is null and void. The other board member says that he accepts the resignation and so now let's move on and fill the vacancy according to the bylaws.

The bylaws are not very clear to this particular situation. My question is: Does all the remaining board members have to accept the resignation for it to be effective? Can the president again come back on the board even if one member objects to this and accepts his resignation? Who is right?
Jadedone4 (Virginia)
Posts: 495
Posted:
In your post you stated that "resigned from the board, effective immediately." As such he did not just resign from board office of President, but from the entire body (board). Had this resignation been sent to the other two members only, I think that he could possibly argue that it can be rescinded, and stay on the board, but in fairness I would hold an election (yes, I know there are only three board members, but this guy decided to leave, and that is not a good leadership trait). However since he sent the resignation to every member, it should be accepted - the remaining two board members can appoint another member (arrrgh, even the guy that resigned) to the board to serve out the term - and then elect officers among the three.
RogerB (Colorado)
Posts: 5,067
Posted:
Deepak, good Board members can be hard to find. Normally a resignation does not have to be accepted - just submitted in writting to the Board. Personally, I would forgive and forget. Let him send out another email voiding the first email about resigning.
TF1 (Maryland)
Posts: 5
Posted:
I definitely agree with Roger on this one. Good BODs are hard to come by and the level of frustration with apathy and the like in a community can be enormous as I am sure you know. If he is now willing to serve out the term, he should. If he then does not run, maybe this will spur others to step up. Best wishes.
HaroldS1 (Arizona)
Posts: 314
Posted:
Ummmm Where does it say this guy is such a "good" board member? Sounds to me like he is too impulsive to be a leader. Doesn't think things thru. Then wants to reverse his decision. No, no. Maybe on the board if your HOA is that hard up, but not president again. Next time he gets upset you'll go thru this again? Harold

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