Resignation not voted to accept at meeting

Started by VickiL8 • 7 replies • 2221 views

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VickiL8 (Nevada)
Posts: 2

Posted:

A resignation was written and read at a meeting in February. The person is the president of the board but he put that it would not be effective until the April General meeting. The board did not vote to accept the resignation in February. The minutes were read at the board meeting in March to be approved. Does the resignation stand if they approved the previous months minutes? And can he rescind his resignation anytime before the meeting in April?

KerryL1 (California)
Posts: 14,550

Posted:

What do your documents, probably your bylaws say? In CA, for instance, neither the board nor anyone else needs to "accept" a resignation from the Board or from an officer so long as a date is specified.

NE law may be the same if your bylaws are silent.

The minutes should have noted that the Board received his resignation eff. xx, 2015. But that also can go in the minutes of your next meeting.

Are you on the Board, Vicki? Are you worried he'll rescind his resignation? (I do not know if he may or not.)

VickiL8 (Nevada)
Posts: 2

Posted:

I am the Office Assistant to the Board of Directors. We have had a dilemma here and thought that the board had to vote to rescind his resignation and the board met in an Emergency meeting to yay or nay to rescind his resignation but it was a tie. Then I looked back on the minutes and the board had not voted to accept his resignation. There is nothing in the bylaws or rules and regulations to address this situation. They only thing we have is Roberts' Rules.
We have never had this happen before and I can't seem to get answer from someone here in NV.

KerryL1 (California)
Posts: 14,550

Posted:

The Board cannot force him to stay on if he wishes to resign. Service on an HOA board, though it may feel so sometimes, is not indentured servitude.

If the HOA documents are silent and the HOA is incorporated, read NE's Corporation laws. Often the procedures that Board use to vote, get a quorum, etc. are drawn form their state's corp. codes.

Why did the Board have an emergency meeting about this topic?? The man is resigning!

As an "Office Assistant," are you a direct employee of the Board? Or do you work for a management company? Or?

If you cannot find your answer in NE law, ask your HOA attorney. It's a legal question and not a question for Robert's Rules of Order.

RichardP13 (California)
Posts: 163

Posted:

Quote:

Posted By KerryL1 on 04/13/2015 1:29 PM
The Board cannot force him to stay on if he wishes to resign. Service on an HOA board, though it may feel so sometimes, is not indentured servitude.

If the HOA documents are silent and the HOA is incorporated, read NE's Corporation laws. Often the procedures that Board use to vote, get a quorum, etc. are drawn form their state's corp. codes.

Why did the Board have an emergency meeting about this topic?? The man is resigning!

As an "Office Assistant," are you a direct employee of the Board? Or do you work for a management company? Or?

If you cannot find your answer in NE law, ask your HOA attorney. It's a legal question and not a question for Robert's Rules of Order.

Kerry,

NE is for Nebraska, which would help Bonnie. NV is the abbr for Nevada. Just an FYI.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Accepting a resignation is BS. If I resign, I am gone. Regardless of your vote...bye..bye...

Now if your question is you want him out before the date of the resignation becomes effective, then ask that question.

EW4 (West Virginia)
Posts: 95

Posted:

The HOA board that I am on used to vote to accept the resignation. Everything included in the minutes. In most cases just a formality. If the person quits you can't compel them to stay. The tricky area is if some hands in their resignation for a future date and then rescinds it at the last minute,... Our current board does not take a vote. When the last person resigned the president and another member did not inform the full board for a over a week, a topic for another day.

Our documents don't require a vote.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

IMO (may be worth nothing):

A resignation effective immediately is a 'done deal'.

A resignation effective on a future date if accepted is a done deal.

A resignation effective on a future date may be rescinded UNLESS accepted and recorded in the official minutes.

be glad the whining quitter is leaving

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