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Resignation


crawale

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The Secretary of our HOA Board resigned

' I hereby resign my position as Secretary of the Board of Directors'

The resignation was accepted by the President.

Can the Director say that they only resigned as Secretary and are still on the Board?

 

Unless your HOA'S rules say that's sufficient for a resignation to be accepted it is not adequate under the rules in RONR.  The resignation must be accepted by the body with the power to fill the vacancy.

 

As to question #2 it is possible, once properly accepted, he would remain a board member, but we can't say for sure without reading the bylaws.

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The person was appointed by the BOD. So if there is a motion to accept the resignation by the Board - does the Secretary get to vote? If the vote is accepted then is the resignation valid?

 

He may vote if he's a board member,  yes, though it's more common at the meeting for the president to simply ask if there are any objections to accepting the resignation, and if none are forthcoming, he declares it accepted.

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The person was appointed by the BOD. So if there is a motion to accept the resignation by the Board - does the Secretary get to vote? If the vote is accepted then is the resignation valid?

It's not clear what you mean. Was the secretary a member of the board (presumably elected by the membership) and then elected to the position of secretary by the board, from among the members of the board? If so, then the secretary can resign from the office of secretary and remain on the board.

If, on the other hand, the secretary was made secretary and, as a result of that office, became a member of the board, then resigning from that office would imply resignation from the board.

While still a member of the board the secretary can still vote. I presume that anyone offering a resignation would vote Yes to accept it.

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