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TamaraH1
Posts: 8
Posted:
Our HOA President had an open work meeting a few weeks ago. At that time he gave the board a letter to resign. He then continued on with the meeting. The audience responded that he just resigned. His statement in return was he was resigning on the firt of the month. That was on July 1, 2009. But said only if the HOA has a vote by the community to who would be President. That is not what our By-Lawy say. They are the same as many HOA By-laws that is the BOD would appoint someone. Now this person wants his letter returned to him and wants to continue on as President... No one on the BOD knows how to handle this. Any comments will help for me to pass on. Thanks
JohnO6 (Georgia)
Posts: 424
Posted:
First of all, I don't know exactly what your by-laws say, but let's assume (dangerous, I know) that the membership elects the Board, and then the Board elects/appoints the officers. Let's also assume, that in the case of a board member's resignation, the remaining Board members are allowed to appoint a new Board member.

Then my take on this situation is .. .. .. you can't "un-ring a bell".

The President has resigned and it is now up to the rest of the Board to replace him/her. They COULD choose to re-appoint the resigned President .. . or not .. .. ..

They might instead appoint someone else or, if the by-laws allow it, not appoint a replacement, but then re-elect/appoint the officers from amongst themselves.
RobertG (Arizona)
Posts: 505
Posted:
Could you post the applicable bylaw that says the President appoints the next one? This issue keeps coming up and there are many HOAs that do not follow this method to get a new president (I don't see why it is used).
TamaraH1
Posts: 8
Posted:
The Vote was this last April and this person was voted in for President. Our By-lawy state that it is now up to the board to leave it open or appoint someone who is willing to take over the seat. He wants to stay as President for the term that is just a little less than three years now.
TracieS (Colorado)
Posts: 460
Posted:
Could you post the language on resignation by an officer? Does it have to be accepted to be valid? Or is the resignation effective upon submission?

I concur with a previous poster...this is a bell that the current (soon to be ex) president canNOT un-ring.
SusanW1 (Michigan)
Posts: 5,202
Posted:
We need to see more info - but basically, the board should have called a special meeting to accept the resignation (i.e. so to have written documentation stated in the minutes)

After that, this person has no right to put any conditions on who now gets to be president. Follow your bylaws. Generally, the VP moves up into the president's position, and an election or appointment then fills the VP place. That's why you have a VP - so he/she can step into the president's position if the president can't serve.

TamaraH1
Posts: 8
Posted:
I will send these onto our HOA Thanks. Glad to hear again from some of you.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Tamara,

Consult your bylaws to determine exactly what needs to be done. Contrary to what some people think, the board may not be required to formally accept a resignation. My bylaws read: "Resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective."

IMO, this person wants to resign but only on his terms which are that his replacement will be elected by the members. Now, because the board is talking about appointing his replacement, he's changed his mind about resigning. It appears that, for whatever reason, he doesn't trust the board to make a wise choice. IMO, I would just tell him "sorry, but you've resigned!" and go ahead with the appointment of his replacement.
EllenS1 (Florida)
Posts: 1,148
Posted:
Mary and I agree on this one. Consult your bylaws.
SusanW1 (Michigan)
Posts: 5,202
Posted:
It still must be logged into the minutes that this person resigned (whether the board "accepts" the resignation by motion, the person shouts out he quits, he sends a letter, or walks out of the meeting) Somehow it must be acknowledged in writing that this person is no longer holding that position.

The bank, insurance polcicies, etc. MAY ask for minutes if such important officers as the president and/or treasurer change.

The moment that fellow presented that letter, I would have made a motion to accept the resignation, asked for a vote of the board to accept, and shown him the door. But that's just me. I hate game-playing on boards.

TamaraH1
Posts: 8
Posted:
SusanW
I realize a motion should of been made. But it was a heated meeting...and it was not done but was possibly recorded. I will have to ask someone on the BOD about it Thanks

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