Board President rescinds resignation

JohnnyG2,

When you say the President is resigning, I will assume you mean the person whom the Board chose as their president is resigning from both her officer position (as President) and from her board position (as director). There is a difference.

This has come up here before. I believe the consensus was that the President-Director remains a president-director until at least the date the resignation is effective. This means the board president-director's acts prior to this date still have validity. Meaning the president-director may lawfully rescind her resignation, as long as the president-director does so before the resignation date she set.

Because of the rescinding, the resignation was never effective. whether the resignation has to be accepted or not is irrelevant.

She can rescind as described above. But remember that, nationwide, HOA Bylaws almost always say that the President is normally appointed by the Board. The Board also has the right to remove someone the Board appoints and then appoint someone else as President.

If you want to keep the president, don't acknowledge the resignation. Otherwise, you can force the issue very easily and make a change.

My thoughts are as follows:
- Suggest thoroughly reviewing your HOA docs and state HOA law for info that discusses resignations of Officers. There may be better and more appropriate guidance there for your particular case.
- Since Pres specified a future date for which their resignation would become effective, then they would be allowed to rescind that resignation any time prior to that date.
- The verbiage about not requiring acceptance of a resignation does not factor in here. That just means that when someone says they resign, then the resignation is effective when they say it (unless the say it's effective at some future date). In your case, the person said they were resigning in the future, and since that future date didn't happen yet, then the resignation didn't take effect before they pulled it back.
- All that said, the situation should likely give the rest of your Board Members reason to pause and question things.
- If you want the person to remain Pres, then you don't need to do anything. Just pretend like the situation never happened.
- If you don't want the person to remain Pres, then the Board can vote to decide if a shuffling of the Officers is in order. If vote passes, then reshuffle. If not, then you may be stuck with current Officer positions, unless docs allow for other ways to change Officers.

My Bylaws say the majority of the BOD can call for an Election of Officers anytime they want to.

Looking at our by-laws, it says the term is one year but any director can be removed from office by the remainder of the board with or without cause.

Our Bylaws say:

Section 3. Removal. Any officer may be removed by the Board of Directors whenever in its judgment the best interests of the Association will be served thereby.