Board -rescind resignation

I am in Maryland. I was President of my hoa and chairman of the architectural committee during the first year the hoa was turned over to us. Because of being overwhelmed I resigned from the board. At our annual meeting only one person expressed interest on being on the board so she was automatically put on the board However at the board meeting the board asked me to stay on until they found a replacement and I was made Vice President. We also decided the new President would be the chairman of the architectural committee. The minutes of the meeting first indicating that I resigned and at the same meeting asked me to stay on the board has not yet been approved or distributed to the homeowners Because I did enjoy being on the board and because it wouldn’t be as much work i want to stay on the board They still have not found anyone else that’s want to be on the board. Can I rescind my resignation?

You can try, but the board may or may not accept it. What may help you is that no one else expressed interest in the job, so you might be in luck. The action at the last meeting should stand because that's what happened and board meeting minutes should reflect what went on.

That said, you need to decide how much work is too much and whether you'll stick it out this time, especially if you're going to serve as vice president. You know your schedule better than anyone and there's more to HOA boards than just showing up at a meeting and deciding how to spend money. If you really don't have the time (or don't want to make the time), do yourself and everyone else a favor and let the board find someone else. Otherwise, get yourself organized so you can do the job effectively (this doesn't mean do everything, which may be why you flamed out the first time).

I have a quite a different take on it.

Your bylaws and/or state law should have a statement on how to resign from the board. What do your bylaws say on this? Most likely it says that the resignation is in writing (email is writing) and is effective when received (unless a future date is specified). If so, the board should not 'accept' or reject a verbal resignation, which is effectively removing someone from the board when the board has no authority to accept a resignation or to remove a board member in this way.

Your bylaws should also say how a board member can be removed, which probably does not take place by a motion or accepting resignations (unless the board was the entity that originally appointed a board member).

From the viewpoint of an individual board member, a verbal resignation does not mean that you have resigned, even if 'accepted,' since it should be in writing. Same thing if your resignation was at the annual meeting.

So if your resignation was verbal and not in writing, then you are still on the board.

To be fair, this is an opinion and I have not looked up any court cases.

As Royal noted, the current board member or members can appoint you to a vacancy on the board. This does not necessarily have to be done at a board meeting. At a proper board meeting with a quorum, the board can then vote you to be vice president.

You could have withdrawn your res nation, but it sounds like that it’s already recorded in the minutes and thus, acknowledged by the board.

So it’s a clean slate.

The current board can fill the vacancy - appoint you and you go from there.

Don’t complicate the future by trying to undo a past action.