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GordonW2 (South Carolina)
Posts: 2
Posted:
I recently posted to the UNOFFICIAL COMMUNITY FACEBOOK my intent to resign in 2 weeks with reasons why. We have a toxic president who physically and verbally attacked another female member and all of the remaining members also said they were resigning immediately. None of the resigning members, as well as I, emailed the board of directors with their resignations. We also did not get the necessary formal meeting with the president's acceptance. Being treasurer, my fiduciary duties reached beyond the stated resignation date posted on the UNOFFICIAL FACEBOOK PAGE, WHICH INCLUDED FILING THE COMMUNITY TAX RETURNS.
I extended my resignation, giving me enough time to complete my duties. I stated our covenants and told them my resignation was not valid because I did not sent a letter of intent to resign to the Board of Directors. Well, the President of the HOA and her buddies are calling me everything but a child of God. I was even threatened by a usual vile member of the community saying, "I bet a judge wouldn't see it that way!" At the same time, these folks were insulting me even more and saying "I was over" and the resignation was valid.
I am interested to hear the opinion this forum offers.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Once the board accepts the resignation, regardless of how it was delivered, it can only be pulled back or modified with board approval.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What they going to sue you for quiting? With what and who's money. Letting them have too much power over you it sounds like. Just turn in your official notice and walk away. No explanation needed. That is just drama. You do you boo.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
The normal procedure for resignations is to deliver something in writing to either the board president or the secretary. An unofficial Facebook page? All that does it create more drama.

So you can debate whether or not you have actually resigned and if a "resignation" via an unofficial Facebook page is legally equivalent to delivering your resignation to the appropriate persons. State law may have an opinion. You could maybe make a case that if the resignation came via an official association Facebook page, then it would be a valid resignation. I'm leaning that way, but I'm not a lawyer.

At any rate, if you really want to resign, I'd follow it up with something in writing delivered through the proper channels. Then let the Chattering Classes chatter.

(Comment: this is why our association attorney told us to stay the heck off social media.)

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Exactly Cathy. Simply send a certified letter if you want to confirm to the HOA address or President address if not one. If it is sent back do not open. It is proof it was delivered. Just make sure correct address.

Put it in writing and do NOT add to the drama. Simply put your name, position and the date you resign. Add a witness part of you want. Your reasons for quitting is not part of the resignation. It is part of the drama.

Former HOA President
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By GordonW2 on 01/04/2024 6:16 AM
We have a toxic president who physically and verbally attacked another female member and all of the remaining members also said they were resigning immediately.
Please quote exactly what your bylaws say about the election/appointment of the president.

Do you know the difference between an officer (e.g. President, VP, Treasurer) and a director?

Nationwide typically directors are elected by the owners at the annual election. But the officers are selected by the board.

Chances are high that the directors could remove this person as president (he would continue as a director).

Is this a condominium? Or a subdivision? Once you respond, I will check the state statutes.

ElleN (Idaho)
Posts: 4,420
Posted:
From the SC Nonprofit Corp Act:

SECTION 33-31-843. Resignation and removal of officers.

(a) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is effective unless the notice specifies a future effective date. If a resignation is made effective at a future date and the corporation accepts the future effective date, its board of directors may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date.

(b) A board may remove an officer at any time with or without cause.


KerryL1 (California)
Posts: 14,550
Posted:
Did you not intend to resign as a director? Only as treasurer? You mention covenants but things like resignations as an officer or director are in an HOA's bylaws. What do they say about the proper way to resign?

I agree that your resignation only is valid if it is directed to the Board in writing. If you want your resignation effective at a further date, it looks like the corporation, i.e, the Board must accept it.

I have to say, Gordon, that you've made a chaotic mess of your desire to resign, imo. But I don't need to know why you did not follow correct procedures.

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