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Can a resignation from an HOA Board in Texas (with a effective date a month away) be withdrawn before the effective date?


Guest Gordon W.

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On about February 11, I resigned from a Texas HOA Board a week after a difficult meeting.  My letter had a resignation date effective February 29.  A week later, on February 18, I sent the Board another note withdrawing my resignation.  They have taken the position that there is no such thing as  withdrawal letter.  I realize this is water under the bridge as a new Board member has been selected.  Was I wronged or am I wrong?  

 

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One more thing:

Here is what the bylaws say:  Section B. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

5 minutes ago, Guest Gordon W. said:

On about February 11, I resigned from a Texas HOA Board a week after a difficult meeting.  My letter had a resignation date effective February 29.  A week later, on February 18, I sent the Board another note withdrawing my resignation.  They have taken the position that there is no such thing as  withdrawal letter.  I realize this is water under the bridge as a new Board member has been selected.  Was I wronged or am I wrong?  

 

 

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5 minutes ago, Guest Gordon W. said:

One more thing:

Here is what the bylaws say:  Section B. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

It seems to me it will ultimately be up to the organization to interpret its own bylaws. So far as RONR is concerned, whether and how a vacancy may be withdrawn depends on whether the resignation has been accepted. See FAQ #18.

Because your bylaws provide that acceptance of a resignation is not required, however, it is not clear whether or how a resignation may be withdrawn under your organization's rules.

Edited by Josh Martin
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