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AnyaR (Georgia)
Posts: 65
Posted:
As everybody on here knows, I was managing HOA all by myself for two years, repairing and saving money for our Community. This year we have full board for the first time since the community was built in 2005. I was able to talk the new board on hiring a Management Company. Even with the new management company, I still feel that I am still doing everything by myself, the new board does not understand how the HOA it’s supposed to be managed, they believe that once you hire Management Company that there is no HOA.

Accordance to Ga. Code § 14-3-807, I can submit my resignation with electronic transmission, does that include with the text message?
WendyM5 (North Carolina)
Posts: 1,522
Posted:
sure why not, good luck

vis ta vie
SheliaH (Indiana)
Posts: 6,964
Posted:
You could, but I think doing it via a formal letter is more professional- you can always send if as an attachment and then follow up with snail mail.

I'd also suggest that the new board get some education on HOA best practices. You ca see what's on the CZI website and make some suggestions as a start. You might even write some notes on what you've done and how so they have a starting point.

Whatever you do, don't get sucked into doing the work- they have to learn to do this themselves because once your effective resignation date arrives, you're done and won't look back. Good luck and enjoy your rest!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AnyaR (Georgia)
Posts: 65
Posted:
I am tired, but the homeowners and the management company want me to continue being on the board because I’m the only one that knows everything about the property. I tried resigning before but then I had the new president at my door every day and calling me, begging me to be on the board. Within two years I have triple the money that have never had since 2005 and I have got rid of a lot of corruption by getting involved with homeland security, FBI and I even had local police and fire department fired due to them favoring homeowners and not following the codes and laws. It seems the justice always follows me. 🤷‍♀️ I feel that this Management Company is BS me and making me question of something I already know.
AnyaR (Georgia)
Posts: 65
Posted:
That is response I’m getting from the Management Company. I wish I could share a screenshot on here.

“First you have not provided notice of resignation as a text does not qualify. For second question Jason has agreed to stay on the board and he will appoint people to the open position and then resign and they can appoint someone to fill his position in accordance with the bylaws for the association”.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By AnyaR on 04/19/2023 7:52 PM
That is response I’m getting from the Management Company. I wish I could share a screenshot on here.

“First you have not provided notice of resignation as a text does not qualify. For second question Jason has agreed to stay on the board and he will appoint people to the open position and then resign and they can appoint someone to fill his position in accordance with the bylaws for the association”.

In the time you have spent posting this question you could have sent an email resignation and been done with this problem. Yes, you may be right but who cares?
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'm in a different state, but our lawyers recommended using email instead of text - email being more easily preserved and having fewer restrictions on size of message. The other reason is that many HOAs/COAs have a general email address for community correspondence, but I haven't heard of any "general text number" for association business. Finally, some people have to pay for text messages.

So go with email instead.
AnyaR (Georgia)
Posts: 65
Posted:
That’s the thing, I have sent the email last Saturday, by text message, and verbally said that I have resign multiple times. I am still being told that I’m on the board.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Expecting that your Association is incorporated, I would suggest providing info from the applicable statute to whomever is telling you that you are still on the board.

O.C.G.A. § 14-2-807 Resignation of directors.

(a) A director may resign at any time by delivering notice in writing or by electronic transmission to the board of directors, its chairperson, or to the corporation.

(b) A resignation shall be effective when the notice is delivered unless the notice specifies either a later effective date or an effective date determined upon the happening of an event.

(c) A resignation that is conditioned upon the happening of an event may provide that it is irrevocable.

The code of Georgia can be found on lexisnexis:

Code of Georgia
SheliaH (Indiana)
Posts: 6,964
Posted:
I've heard (and have seen) people resigning via text, but sending a formal letter is not only professional, but it leaves a paper trail. Text messages can be deleted by mistake (or on purpose) and so can emails, which can also be ignored or intercepted by anti-spam. You also need an effective date to make the thing stick.

I suspect one reason the management company wants you to stay is that you HAVE done a lot for the community and the new bunch needs time and experience, otherwise, the community will be right back in the shitstew it was before. In your heart of hearts, you know this too, otherwise, you would have said to the president nope, nada, hell to the naw. We don't talk much about transitions on this website, and one HOA best practice is to recruit and train homeowners who will continue to move the community forward because one day the current bunch WILL step down.

A few years after I joined my board, our president resigned by email after a board meeting - he'd done a lot for the community, and during the board meeting, the rest of the board voted down something he wanted, so I think that was his tipping point. We realized that we'd depended on him for a lot of things and had to start figuring out things ourselves, so everyone took on certain areas. In my case, I became newsletter editor and then treasurer about three years later. I was on the board for 10 years and was totally burned out by the time I said enough and announced and mailed my resignation six months before our annual meeting when I'd be up for re-election anyway. I used the last 6 months to try and educate the board on things I'd done and why they were done, so they'd be able to continue when I left. One thing I pushed was setting up a website which the board set up within a year

You don't say when your term is up, but why not stay until then? Meanwhile, attend the meeting with your letter and hand a copy to everyone. Let the property manager and your colleagues know starting right now, everyone has to take on something you're doing. They can choose or the president should do it for them. If no one takes on something, it won't get done because you have a life outside the association. So do they, and if they don't want all their time taken up by association business, they need to learn to get organized.

If everyone takes on something, it'll result in less work for everyone. Your property manager will still handle the day-to-day, but each board member can take the lead on something. For example, if you have someone who's good at writing, he or she could write articles for the community website or newsletter. Someone who's good at numbers can take on the treasurer's spot.

Everyone can go to the CAI website (had a typo in my previous message, sorry) and get some educational materials - better still get a membership for the association. they can read up on best practices and make suggestions on what might work for your community. In short, the board needs to understand you don't just show up once a month and decide how to spend money. You can be as busy as you like, but you have to put a little effort in the position. At least show up to the meetings prepared, having read the management report and reviewed the agenda, so you can contribute and say something intelligent from time to time.

As for you, it's ok to be a resource, but don't let them get away with "well, can you do X just this once?" Nope - you VOLUNTEERED to do X, so here are some notes to give you a start - from there, find a way to get it done. Meanwhile, get out of the way - they might make mistakes, but that's how they will learn (I'm sure you didn't do everything right during your tenure). The sooner they learn what they can and can't do and gain confidence, the better. You may be able to leave sooner with a clear conscious.

All of that said, don't be a martyr - if they get the notion all they have to do is beg you to stay, that's what they will do. And if you keep saying "oh, all right", you'll have no one to blame but yourself. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By AnyaR on 04/20/2023 6:18 AM
That’s the thing, I have sent the email last Saturday, by text message, and verbally said that I have resign multiple times. I am still being told that I’m on the board.

They are wrong.

Board service is determined by the volunteer and no one else. You don't need permission to resign. If you say "I quit", you have quit. No one else has any ability to say "nope" and force you to continue. They can't compel you to do anything.

If you have resigned, then ignore whatever they're saying. You might consider blocking them if that doesn't prevent you from receiving communications you should be receiving as a homeowner.

AnyaR (Georgia)
Posts: 65
Posted:
I have no other choice but to stay on the board due to the whole board quitting if I quit. Thank you everyone for great feedback 🙏🙏🙏
CathyA3 (Ohio)
Posts: 6,299
Posted:
Tough love here:

You do have a choice. Why should they shift their lazy butts if they can convince you to do their work? They've realized they can hold you hostage and that you'll help them do it AND you'll reward them for their behavior.

If you allow this situation to continue, you have nobody to blame but yourself if you're worn out. This isn't good for you, and it isn't good for your community. The membership deserves to have alert and engaged board members - and they deserve to have a diversity of opinions on the board. One person, no matter how energetic and capable, is going to have shortcomings and blind spots which the other board members will make up for. What happens if you suddenly become seriously ill and you're involuntarily "resigned" and nobody else knows what the heck they're doing?

Years ago one my coworkers was constantly complaining about something. Our boss finally got fed up and said "you must enjoy it, otherwise you'd do something about it." Words to live by.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By AnyaR on 04/20/2023 7:37 PM
I have no other choice but to stay on the board due to the whole board quitting if I quit. Thank you everyone for great feedback 🙏🙏🙏



Okie-doke - guess Cathy's words of wisdom flew over your head.

By the way, ever heard of receivership? If you quit and then the board up and quit, the last person standing should go to the association attorney and petition the court to place the association in receivership. If the judge grants it, a receiver will be appointed to run the association. His or her primary responsibility is to see that the association's bills get paid, and only answers to the court, so the homeowners wouldn't have a say in ANYTHING. They would also have to pay assessments at whatever level deemed appropriate because someone has to pay the legal expenses and the receiver's fee (which might start at $200 an hour), along with the landscaping and other services the association is supposed to provide.

You could try to sell, but it will be at a loss because no one wants to buy into a HOA where they have no control whatsoever - and you know the hellscape your community was before things turned around.

Do some Googling on HOA receivership - it's rare, but extremely unpleasant Then, try to grow a backbone and tell your colleagues that will be the next step if they get in their feelings and leave because they don't want to take on the responsibilities of being a board member (a lot of people yell about the big bad Nazi board, but when push comes to shove, they fold like toilet paper). Finally, make up your mind once and for all - it's ok to vent, but you either stay and be miserable, or tell the board you're out and then do it. Life's too short to spend most of it in utter misery when you don't have to.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By AnyaR on 04/20/2023 7:37 PM
I have no other choice but to stay on the board due to the whole board quitting if I quit. Thank you everyone for great feedback 🙏🙏🙏

If that's the way you feel, then that is the way you feel.

You do have a choice if you actually attend the board meetings or agree to do work for the board.
Keep that in mind.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By AnyaR on 04/20/2023 7:37 PM
I have no other choice but to stay on the board due to the whole board quitting if I quit. Thank you everyone for great feedback 🙏🙏🙏

THEN LET THE WHOLE BOARD QUIT. SEE HOW EASY THAT WAS?

vis ta vie
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Anya

Typically if all except you resigned form the BOD, you could appoint someone you choose. Then the two of you agree on appointing a 3rd person. Then 2 of you 3 agree on appointing the 4th person. Then 3 of you 4 agree on appointing a 5th person and so on.

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