Resignation recorded, same as ...?

Started by RandyS • 3 replies • 2699 views

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RandyS (Colorado)
Posts: 29

Posted:

Greetings everyone,

Was wondering if anyone might be able to comment on this, since I am not certain of it on the legal side, perhaps another has asked and had this answered...then again, maybe not.

A while back a member of the BOD stated, with a statement at the beginning indicating the meeting was being recorded, that they resigned, and would tender this in writing.

That is all good, however this individual has failed to tender their resignation since making this statement. Is the resignation, since it was recorded still meaningful? Or is the written version of the same needed to "seal" this.

FYI: It was the President of the BOD, anything special with that being interjected into the equation?

Thanks for any feedback, just need a bit of clarity in this area.

R

RogerB (Colorado)
Posts: 5,067

Posted:

RandyS, tape recording is not the same as "in writting". If a Board member gives a verbal resignation at a Board meeting, and if the Bylaws require resignations to be in writing, then from a technical standpoint they need to put the resignation in writing to be effective. If the resignation is from an Office, rather than from the Board, and this is not covered in the Bylaws, then the Board can decide.

From a practical standpoint, if they do not submit a written resignation from the Board, then the Board could send a letter to the person stating something like: "Thank you for your service on the Board. We accept you chose to resign from the Board but have not yet received your written resignation which, as you know, is required by the Bylaws. Please submit it in the enclosed stamped self addressed envelop. This will allow us to replace you and move on with the association's business. If no response is received from you in writing within the next 10 days, then the Board shall accept your verbal resignation which was tape recorded and of which you were aware at the time."

If the Board member decides to stay on the Board I think that is their right until such time as they may be removed by those who elected them or their term expires. If they stay, the Board can decide whether or not to remove them from the office of President.

Roger

KathyS (California)
Posts: 145

Posted:

We had a similar situation in our association. The President verbally said he was resigning and the Board appointed a new President. Several weeks later he turned in the written resignation.

Several members of the association then stated that the "appointed" President wasn't legal because the old President was still in power as he hadn't turned in the written resignation. In other words, we had two Presidents at one time.

It turned into a nasty situation with a special election and a huge cost to homeowners. I would want any resignation in writing before moving on.

RandyS (Colorado)
Posts: 29

Posted:

Roger, Kathy;

As usual, your insight is very apprecaited, and extremely helpful.

I will certainly take your lead there Roger, and pass this along. The wording is perfect, and being of the three C's, (Clean, Clear, and Concise). The sooner this can be resolved, the sooner we can move forward with everything.

Kathy, that indeed does sound like a mess there. At times, it seems bad enough to have one, but two, heaven forbid!
Guess it wouldn't be so bad, if some (not all) individuals that are voted into these positions, would stop letting their ego's become artificially inflated and turn into dictators.

Perhaps posting a sign during the meeting indicating "no altered ego's allowed". Probably still wouldn't work, and is probably illegal somewhere, I'm certain, but I'm sure you both know of what I speak.

Thank you both again,

Randy

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