What is the legal process to replace a BoD that resigned?

What do you want to do?

If you want to stay on the board, there is probably a provision in your bylaws on the authority of the remaining board members to SELECT replacement directors until the next election.

If you resign, then there will have to be a new election. Until that new election is held, the board cannot conduct business. Doesn't mean that everything stops - only that if anything needs board approval, it will have to wait.

My goal and desire is to walk away. While some might see this as a screw over number, that fact remains that we were 5 people trying to keep everyone happy and then a group, who had no love for anything we did, circulated a petition for my removal. Of 114 homes, they got the minimum number of signatures required for me to cal a special meeting for my own removal. The vote will fail due to a lack of people showing up, but when it does fail my plan is to announce my resignation and let them, the ones who wanted me out, to deal with it all.

So while I appreciate the suggestions of an orderly transition, assume it will not be. Come August 4th, there will not be anyone left on the Board of Directors so what process will the home owners have to go through to get someone in to take over where we left off? bear in mind that when I and the other treasurer, remove ourselves from the bank accounts the bank will close the accounts and hold the money in trust until a new board member steps up and takes over.

I see, Gregg, that you wrote it was all a plan that they resign and the you, I guess.

But I ask NpS's question: Will any of the others reconsider? It seems you should know the options for your HOA and the possible expenses before you give up.

It won't be "them" who has to "deal with it." It will be all of you!

I confirmed with our attorney yesterday. There is nothing in Kansas that requires the final board member to stay in place. This is an all-voluntary board and, as he put it, "slavery was abolished long ago"

The target of the petition to remove/recall was me. While the people behind it will fail, their hopes are that I be removed unaware that the rest of the board has already resigned. I am fine with allowing them to deal with the consequences of having spent the past years screwing with us. I've yet to speak to a single home owner about this that doesn't understand what we were put through. I didn't sign up to have individuals harass me night and day or question every little thing we do for the sole purpose of jsut being a nuisance.

Marbury v Madison is a famous 1803 US Supreme Court case. Just before John Adams' term as US President was about to expire, he appointed William Marbury as a federal judge. But by the time the appointment was delivered to Marbury, Adams' presidency had expired and Thomas Jefferson was the new president. Jefferson's Secretary of State James Madison refused to grant the appointment. Marbury sued Madison.

The Supreme Court decided that the appointment was effective when Adams signed it. But the Court also decided that it did not have the authority to force the new administration to grant the appointment. Marbury never got his appointment.

Why am I telling you this story?

Because unlike President Adams, your term isn't expiring. You plan to step down, but think about what you want to put in place for when you leave. It's up to you and only you.

Let's say your docs say that you can have 3 to 7 board members. With 2 people of your choosing, you can make a new board.

I would suggest finding 2 new people - not members of the old guard - not members of the opposition - just 2 ordinary homeowners who weren't involved in the dispute. Appoint them as directors.

Then you can step down as you wish.

In other words, you can leave without abandoning the HOA to the vultures.

Why not send all the homeowners a letter and tell them this and call a special homeowners meeting to clear the air? It may be the rest of the homeowners will wake up and tell this woman to sit the hell down. If it's a small group of homeowners driving this, I'd ask them (in front of everyone) whether they intend to step up.

No? Well tell them all about receivership - and that will be your next step if people don't make up their bloody mind as to what they want to do. Get some figures on the court costs and attorneys fees, plus paying the receiver AND losing control over the HOA. Let's see how people respond to that.....If this woman gets all the blame for this mess, so be it (don't start none, won't be none)

Gregg, I think that AugustinD is correct. I was going to ask you why a hand full of people wanted you out of office, but from reading your responses, I may have figured it out. To abandon your post with the sole intent to wreak havoc on your community, leads me to believe you are not the type of person, that needs to have control over others. Your words, not mine. Sometimes being able to say, "I Told You So", comes with a very heavy price tag!

Gregg sounds like a sad situation all around.

I justifiable to ask how many make up this group? You say a handful what is the number?

And if you had to point to their main complaint against you what would that be?

And if you had to list your main issue with them what would that be?

Are any of these folks former board members?

I have served now for 29 years. To say things have gotten challenging at times would be an understatement. We had a group who wanted the board removed. I always ask myself, what is best for the property? Resigning was NEVER an option.

I have been sued, arrested, had my property vandalized, been threatened, had rumors spread about me, you name it, it was done.

Now I have to wonder about why the others resigned. Just what did they think that would accomplish besides making their lives easier.
And your response to their resignation? Or did you agree? More desirable would be the group decided to stick together.

As for your plan to time your resignation to then dump responsibility onto these others in the end means nothing. It accomplishes little and leaves your community where you live in jeopardy. You might wish to tell yourself your plan has worked but my guess it has and will do little.

So you have to options. These folks now take over or the court will appoint a receiver to administer the affairs of the community. And that comes with a hefty price tag. Then the control and day to day operations are in the hands of someone who knows nothing about your property.

One pair of ding dongs sued us and demanded we be put under the control of the court. Luckily we were able to avoid this. SomInhave some idea of just how damaging that will be.

You have people who pushed and now everyone but you gave in to their demands. Because this was not what you signed up for. And you like to tell yourself this will now be their problem. Well as Tim pointed out unless you plan to move soon this will be your problem one way or the other.

No I know some people don't have the stomach for conflict. And some people knowing this us conflict to get their way. It was up to you and the Baird members to decide just who got their way. And in my view they took the easy way out.

And as suggested there will be consequences for doing so. You don't always do what you want to do. Sometimes you simply need to do what needs to be done. Many times over the past 29 years I would have been better off walking away and throwing in the towel. That is just not my style. People don't force me into doing anything. Not now not then. Life sometimes requires you travel the hard road for awhile. Not throw up your hands and give in to people who you believe will not serve your property's best interests.

The hard road requires effort, work, and determination. Some people just don't have it....

Excellent recap.

So, Gregg, what is the new plan??? I really like Sheila's idea and someone else says it works.