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  1. If the Board accelerates the resignation effective date it then becomes a "termination." Check your by-laws. Normally a Board member can only be terminated for "cause"...and then by a majority vote of the standing BoD. We live in a litigous society and I would tread carefully when dealing with a "threatening" member. **Now with your further clarification...issues are raised as to any NDA and non-competive, etc agreements. These contracts would not be covered by Robert's. Seems that its time for a conference, in executive session, between the BoD and corporate counsel.
  2. Each Chair decides how rigidly he/she wants to "rule" a meeting. Keep in mind that there is the spirit of the rule vs. the letter of the rule. The typical audience isn't an authority on Robert's and unless a question is disruptive or intentionally divisive I wouldn't call it "out of order." Most of these meetings tend to be somewhat informal anyway.
  3. --correct. ballots distributed to all HOA members --the "withdrawal" and "congratulations" (to the remaining contender) were passed by word-of-mouth from several BoD members.
  4. This is for a HOA. The bylaws do NOT cover this odd occurence: --ballots sent out for vote --one candidate sends a letter to the BoD president formally requesting the withdrawal from "running" --President informally notifies the BoD of the withdrawal --the former candidate, at the last minute, and prior to the ballot count verbally requests to be back in the "race." --he happens to win AND the runner-up now contests allowing the prevailing party to re-enter the election --ANY INPUT?
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