HOA President Absence

Started by AlanK5 • 6 replies • 1718 views

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AlanK5 (California)
Posts: 3

Posted:

Dear HOA Talk memebrs,

Our association is reall small group of homeowners and our Board consists of 3 people. We just received email from our president that he is planning to be out of country for more than 2 months and asking permission to step down from president's position.I tried to find any situation like this in our CC&R and this document does not mention any solution. Was anybody ran into similar situation?

AlanK

MarkB5 (Florida)
Posts: 6

Posted:

Hi,

Any Board member may resign at any time. It was an election not a sentence. It is up to the two remaining directors to appoint a new director or if your documents require hold another election to fill the vacant seat.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MarkB5 on 10/23/2009 10:10 AM
Hi,

Any Board member may resign at any time. It was an election not a sentence. It is up to the two remaining directors to appoint a new director or if your documents require hold another election to fill the vacant seat.

The statement in bold above made my day!

TracieS (Colorado)
Posts: 460

Posted:

Indeed! We can all only hope!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Some options - if not prohibited by your state laws or bylaws

1. Another board member can preside over the meetings and you can conduct meetings electronically to get the pres's vote, if needed.
2. You can consider this a "leave of absence" and have the VP assume duties, and appoint an interim board member to fill the 2 month period.
3. You can accept the resignation and fill the position on the board until the next election.

PS - asking "permission" is not necessary. The board needs to accept a verbal or written resignation for the record and get on with board duties.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Again,
Alan needs to check his Articles of Inc or Bylaws on resignations of Board members. AND A RESIGNATION MUST BE IN WRITTING!. Nothing like the Pres coming back after 2 months and saying that he did not resign but just left temporarily.

The slot will have to be filled one way or the other with only having 3 board members, that leaves an even number on the board. Voting might become difficult if the 2 decide that they want to go down seperate paths.

I do think that Davis/Sterling Act covers resignations and the options on how to handle that.

MattG (Georgia)
Posts: 6

Posted:

2 years ago, my 2 term as President, I was deployed to Iraq with the US Army. I was also going to step down for the duration of my time overseas but the rest of the board wanted me to continue. Obviously I could not be at the meetings but when a vote was needed, the Vice-President would e-mail and I would reply back with my vote.

I don't know the situation of you president but if the same is possible, then why not. Our CC&R's do state that we can hold a meeting electronicly. Just another option for you.

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