FL - Does Email constitute Effective Resignation by Board Member?

Our governing docs are over 20 years old and of course did not anticipate using email at all! The documents require written notice of resignation and other matters relating to board business.

FL Statutes Chapter 617 regarding corporations appears to make a distinction between written notice and using email notice. We (the board) do not conduct business using email; we require a hard copy written consent to be physically signed by all board members. Our governing documents require that notice of resignation be in writing.

One of our board members fired off an email to our president indicating dissent with a decision and ended the email by saying, "I resign." The board president replied by email and asked him to reconsider. He did reconsider and sent another email saying he rescinded his resignation and the president refused to accept the withdrawal of the resignation and he also refused to put the item on the next agenda to discuss whether or not the resignation by email was effective. Our annual meeting is coming up and the former board member is running for (re-)election.

Anyone come across any issues with using email?

Thanks for your note, Brian! Things have a way of working out. The president has remained resolute in refusing to even allow board member's re-appointment on the agenda for the next meeting. At that regularly scheduled meeting, not enough members showed up for a quorum. But the board member had already placed his name in candidacy for the election at Annual Meeting next week and it turns out he is the only candidate.

Strangely enough, at the time you were writing your reply I was in a board meeting where after a long argument the very same president, said, "I quit." So I suggested he make sure to deliver notice in writing, not by email, but I am not holding my breath. Probably just another temper tantrum.

I do believe that if you research Fl Statute 720 you may find some info regarding "electronic" communications.In certain instances they must have agreed "in writing" to accept email as a means of communication.Sounds like guys don't play together well or with others..Best of luck Diva