Board members resign

Started by LaverneB • 5 replies • 1696 views

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LaverneB (Florida)
Posts: 79

Posted:

In Florida this is...Two board members resigned (I was the President) the other his friend. I hear they are going to run for the board this coming election. My question is this? Can they? They was not replaced and I don't know the legal terms on this issue. Thank you in advance for any input.

GenoS (Florida)
Posts: 4,276

Posted:

I don't see any reason why they couldn't run again. Unless your bylaws say something about directors who resign not being eligible to run again, there's nothing in the Florida Statutes that says they can't.

KerryL1 (California)
Posts: 14,550

Posted:

I'd say yes, if they meet any qualification that your bylaws or other documents might have.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KerryL1 on 09/10/2015 5:23 PM
I'd say yes, if they meet any qualification that your bylaws or other documents might have.

I agree.

CyrstalB (Maryland)
Posts: 457

Posted:

You should check all of your documents and your state code to see if there is a reason to stop them from running again. I would be surprised if there was a way to stop it, outside of any articles or sections that refers to the misbehavior of a director. And such an article would most likely be found in your state's corporate code if you are an HOA that is a corporation.

What's the big deal if they do decide to run again? If you were the president at the time, did they resign in protest and now they want to take you down?

TimB4 (Tennessee)
Posts: 21,059

Posted:

The way to keep them off the Board is simple, get more than enough candidates. Then when the candidates are introduced, and there (I suspect) is a short Q&A session, have someone ask the question about why they resigned previously and what changed that they feel they can complete their terms now (if elected).

I agree with others, that the fact they resigned (other then it being a consideration for the voter) would not stop them from being a candidate in the future. Had they been recalled, it may have been a different story.

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