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Guest oswalt

board member resignation

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Guest oswalt

Is the Board or a single Board Member of an HOA allowed to accept the resignation of a fellow Board Member if that Board member was elected by the membership?

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1 hour ago, Guest oswalt said:

Is the Board or a single Board Member of an HOA allowed to accept the resignation of a fellow Board Member if that Board member was elected by the membership?

It seems highly unlikely that a single board member may accept the resignation, but the board itself might be able to. It is not uncommon for the bylaws to authorize the board to fill vacancies, and this includes the power to accept resignations. In the absence of such authorization (whether explicitly or through a general “full power and authority” clause), however, this power would rest with the membership.

“The power to appoint or elect persons to any office or board carries with it the power to accept their resignations, and also the power to fill any vacancy occurring in it, unless the bylaws expressly provide otherwise. In the case of a society whose bylaws confer upon its executive board full power and authority over the society's affairs between meetings of the society's assembly (as in the example on p. 578, ll. 11–15) without reserving to the society itself the exclusive right to fill vacancies, the executive board is empowered to accept resignations and fill vacancies between meetings of the society's assembly.” (RONR, 11th ed., pg. 467)

Edited by Josh Martin

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