Board Resignation - Voting on new director

Started by AaronJ • 5 replies • 1832 views

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AaronJ (California)
Posts: 48

Posted:

I will be resigning my position on the board at the end of this month due to the fact I am selling my unit. Our PM wants the board to select and vote on a new member before I resign. Am I allowed to vote on my replacement before I resign? Or does the board have to wait until my resignation is official and I'm off the board to vote on a new director?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Aaron:

There is no vacancy until you resign. There is nothing for you to vote on. After your resignation, you cannot vote.

I do not understand why the PM wants you to vote on this. My opinion is that those who will continue to serve on the board after your departure should be the ones to decide upon your replacement.

AaronJ (California)
Posts: 48

Posted:

After posting, I did a little more research. It appears the resigning director can vote for his/her replacement. Not sure if it's like that in every state but it appears California allows it. Here is the link:

http://www.davis-stirling.com/MainIndex/DirectorAppointment/tabid/1368/Default.aspx#axzz3j53lETnO

RichardP13 (California)
Posts: 3,868

Posted:

Aaron

If you resign, effective on a certain date, say the day you move out, then yes, as a director, you are still allowed to vote for your replacement. Happens ALL the time. That is how they keep the status qou.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By RichardP13 on 08/17/2015 8:55 AM

That is how they keep the status qou.

Richard,

For an individual who makes their living from Assocaitions, I'm surprised that you appear so cynical toward those who would be awarding you contracts.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By TimB4 on 08/17/2015 9:27 AM

Posted By RichardP13 on 08/17/2015 8:55 AM

That is how they keep the status qou.

Richard,

For an individual who makes their living from Assocaitions, I'm surprised that you appear so cynical toward those who would be awarding you contracts.

There are wrong ways to managing an HOA and there are right and ethical ways to run an HOA. I happen to lean towards the right and ethical side of the aisle.

Also remember, I deal with associations that have professional management. I have never taken on, yet, an association that was self-managed. I know first hand how the status quo is kept, through management companies and attorneys.

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