Resignation of a board memeber

If a board member posts her resignation letter on our HOA website does that become effective immediately, or does the member have to physically deliver the letter to a board member in person for it to be effective?

Probably putting too fine of a point on this.

Expecting that you are only subject to the corporate statute (as you posted in a different thread), see:

10-807. Resignation of directors:

A. A director may resign at any time by delivering written notice to the board of directors, its chairman or the corporation.

B. A resignation is effective when the notice is delivered unless the notice specifies a later effective date or event.

Therefore, in my opinion, posting it on the website is technically not enough.

That said, what constitutes a quorum for your Board?
If a quorum still exists with the vacancy, then business can be conducted.
See: 10-810. Vacancy on board

Tim's citation of what the Arizona nonprofit corporations statute is helpful. The statute says nothing about the resignation having to be accepted by the President or anyone else. I think your corporation's President is jerking you all around when he says the resignation is not valid on account of his not having accepted it.

Like Tim, the reason I reject the resignation as not valid is because no proof can be had that what was posted on the web site was actually posted by the woman who allegedly is resigning. For example, if the web site is run by someone mischievous, or if anyone can post anything at the web site unchecked, who knows who actually submitted the posted notice of resignation? If a director wants to resign, she should submit it to the corporation's registered agent or President, preferably obtaining a receipt for the submission or sending this letter of resignation by certified mail, return receipt requested. To find out who the registered agent is, the director should go to https://ecorp.azcc.gov/EntitySearch/Index

Call the person up. Did you post your resignation on the web site? If yes.....accepted.

Augustin & Tim have it right, Deb. No requirement that the resignation be "accepted," but the letter or email of the resignation must go to the people in Tim's "A."

The Board only needs a quorum to conduct business, so that would be three in Deb's case. To fill the vacancy, check your bylaws, Deb.

Maybe in SC, Sheila, but in CA corporate codes and also in my HOA's bylaws, the resignation does NOT have to accepted. The one resigning merely needs to address it to the Board or registered agent and write they're resigning on an certain date.

Can you, Sheila, cite state or you HOA's bylaws that say the board must vote to accept a director's resignation?

It's so easy in Florida. A resignation is effective when given unless it specifies a date in the future when it will become effective. A resignation does not have to be "accepted" by anyone.

I was an HOA President for about 12 years in Texas. Our governing documents required 3 board members and I was one of three when I very abruptly quit. I sent an email to our management company and remaining two board members. No problemo.

It's a volunteer job and anyone can quit whenever they want. No one has any power to stop it. What are they going to do put you in HOA jail? GTFO.

Practically speaking the HOA needs to make a good faith effort to fill the position whether via appointment of a replacement officer to fulfill the remainder of the term or setup an election. That demonstrates to a court their desire to follow the law even if there is no one to appoint or elect. In my case they held an open meeting, appointed a new officer, and elected new positions (president, vice president, treasurer/secretary). Easy peasy.

As mentioned elsewhere, our elections are rigged and unless you are anointed by the board, not a chance. Owners know that and ergo do not apply. When a board member resigns, it is after the deadline to file an application OR after the election allowing the board to select their preferred candidate. Good Ole Boy system indeed.

Thanks

One good point that Sheila of SC raises is that if someone resigning is both an officer and a director, they must resign in writing from both. The resignation must be sent to Tim's "A" above.

Even though it's true that not all officers must be directors in all HOAs. Still resignation is indeed, easy.

Some bylaws, however, like ours, do not require the Board to fill a vacancy. On our board of 7, when 3 of her buddy-directors ALL lost reelection in late Oct., the director resigned a month later. Our board will decide at out late Jan. meeting if we'll fill the vacancy.

Our bylaws do give Owners the option to fill the board vacancy, but I don't think they'd take steps to do it.

I’m not sure a Board could be required to fill a voluntary vacancy.