Resigning as Officer But Remaining on Board

Started by PaulW6 • 4 replies • 941 views

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PaulW6 (California)
Posts: 2

Posted:

Hi, I wanted to know if I can resign as president of my HOA but still remain a board member (i.e., basically remain on the board but "take a demotion"). I don't have time any longer to devote to being president, but still want to be able to vote on HOA matters. Is the answer to this question governed by my CC&Rs (which I am pretty sure do not say anything about this scenario) or the California Civil Code / Stirling Davis ? Thanks - P

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Paul

As I understand it, yes you can resign as an Officer and you are still a Member of the BOD but who knows about crazy CA. Your resignation as an Officer could initiate an election for BOD Officers to fill the Presidency.

PaulW6 (California)
Posts: 2

Posted:

Thanks for your response John, I am assuming that in the case that my resignation triggers an election, I would still remain a board member and could then cast my vote for the new president - P

KerryL1 (California)
Posts: 14,550

Posted:

To clarify John's reply. Your present your letter of resignation to the board. You stay on as a director. You & the remaining board members left a new president.

Your HOA's bylaws should say how officers and how directors are selected Paul. Take a look--good to know them. If they aren't clear, go to davis-stirling.com, Main Index, Officers for more.

Joh, CA's corporations codes, form which most bylaws flow seem to be similar across the US whenever we've had discussions about directors, officers, etc.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Do your CCR's and Bylaws note that the Membership elects the BOD of Directors and the BOD then elects Officers??? That is what you need to make sure. Some few HOA's will elect based on positions and staggered terms.

Then when you submit your resignation ... be sure to stress you are only resigning the Officer position of President and DO NOT resign your position on the Board of Directors.

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