Board member resignation/re-instatement

Started by ChrisM33 • 8 replies • 460 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ChrisM33 (Florida)
Posts: 8

Posted:

I just have a quick question. If a board member resigns willingly, can they be voted back on by the existing board members? We have a current situation where 2 board members have resigned. The first resigned a few days ago basing it on actions of another board member who just resigned today. Can the member who resigned a few days ago be voted back on? Thanks.

PatJ1 (North Carolina)
Posts: 568

Posted:

The Board an appoint that or any other Board member by Board vote. The appointed Board member can continue on the Board until the next annual meeting election.

MarkM19 (Texas)
Posts: 1,459

Posted:

Chris,
Once the first member resigned they are no longer on the board. When the second person resigned they are no longer on the board. It is up to the remaining board members to Appoint new members. If they choose to appoint the old board member they have that right IMO. It sounded like #1 had a problem with #2 and that has been resolved by #2 resigning.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree with the other's comments. The remaining board members can appoint whomever they choose - and if director #1 is experienced and reasonable, that sounds like a win.

ChrisM33 (Florida)
Posts: 8

Posted:

Thank you for your response.

ChrisM33 (Florida)
Posts: 8

Posted:

Thank you.

ChrisM33 (Florida)
Posts: 8

Posted:

Thank you, you are correct with the situation.

AugustinD
Posts: 3,698

Posted:

The Ohio Nonprofit Corporation statute has two sections on this that seem relevant to me:

First, the statute says a resignation, "shall take effect immediately or at such other time as the director may specify."

Second, the statute says the remaining directors may, by majority vote, fill any vacancy in the board for the unexpired term, unless the corporation's "articles of incorporation or regulations" say otherwise.

See https://codes.ohio.gov/ohio-revised-code/section-1702.29

The Ohio HOA and condo statutes appear to be silent on these subjects.

KerryL1 (California)
Posts: 14,550

Posted:

green with all others. Sounds like you're on the board? For your own education, Chris, what do your Bylaws say about filling board vacancies?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here