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SylviaS2 (Florida)
Posts: 1
Posted:
I’m part of very small association (only 4 homes). After verbally resigning as president over 2 years ago, a board member stated that they never accepted or filed my resignation. I reminded the board of my resignation via email today since I'm under the impression that a resignation does not have to be accepted to be effective.

Thank you for your advise
KerryL1 (California)
Posts: 14,550
Posted:
In CA, a resignation from any board does not need to be "accepted" by the board if the rsination's in writing and states an effective date.

But FL may be different. Also, what do your bylaws (it's probably there) say? To make it easy on everyone, why not just email the Board again and say per your xxx verbal resignation, you now have added your written one effective immediately.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Slavery no longer is allowed.

However, resignations are generally required to be in writing with an effective date.

At this point: MAIL a written resignation effective immediately to your HOA's registered agent AND the president of the Board via certified mail, return receipt.

Post and publish copies as you see fit to the membership.

Remember:

If it ain't in writing (as in the minutes if verbal at a BOD meeting), it does not exist.
KerryL1 (California)
Posts: 14,550
Posted:
JohnB maes a good pint. In your written resignation, instruct the Board to note your resignation in the minutes of its next meeting.
BanksS
Posts: 403
Posted:
Quote:
Posted By KerryL1 on 03/20/2015 1:50 PM
JohnB maes a good pint.

Hmm not sure about that but by some of his posts I bet he drinks a good pint.
KerryL1 (California)
Posts: 14,550
Posted:
Good one, Banks. Now you're not confusing JohnB with JohnC ; ) My typos can occasionally be fun.
BanksS
Posts: 403
Posted:
Quote:
Posted By KerryL1 on 03/20/2015 4:08 PM
Good one, Banks. Now you're not confusing JohnB with JohnC ; ) My typos can occasionally be fun.

I've done some funny ones myself. Years ago I once typed up a report for my boss, a college dean. Every time the word participants was used in the report I typed partipants. I am showing my age but it was before spell check. LOL
JohnB26 (South Carolina)
Posts: 1,001
Posted:
PINT

Maybe one pint at a time.

TimB4 (Tennessee)
Posts: 21,059
Posted:
In Florida, resignation of Directors would likely be covered under corporate laws, FL 617, the Florida Not For Profit Corporation Act.. This would be applicable if your Association is incorporated as a non-profit (most are, but check to be sure).

Per 617.0807 Resignation of directors:

(2) A resignation is effective when the notice is delivered unless the notice specifies a later effective date.

My suggestion is to reference your earlier resignation and cite this statute.
KerryL1 (California)
Posts: 14,550
Posted:
Nice find, Tim! Unlike CA's Corp. Code, FL's doesn't use the word "written." So it looks like notice could be delivered verbally??

(I'm, just messin' with, you, Tim)
JohnB26 (South Carolina)
Posts: 1,001
Posted:
or COURSE it could be delivered verbally

as in 'I quit' or 'I quit effective now'

however

how could one prove it was delivered ?

either written or verbal, proof of delivery is the crux

when the resignation was NOT recorded in the minutes then certified mail return receipt requested comes into play

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