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Resignation


Guest Jill

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The president of our HOA resigned due to health reasons. His email was received with the specific request to resign as both president and board of director effective immediately. The board acknowledged the resignation in a meeting and a motion was made/seconded to accept the resignation and the board voted unanimously to accept the resignation. Approximately a week later the man sends a email that the board accepted his resignation as president but not as board member so he states he is still on the board. What is the boards next course of action since it was the intention of the board to accept his resignation as he requested (as president and board of director)

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On 10/27/2023 at 6:57 AM, Guest Response said:

He states that the BOD only acted on the resignation as president and not BOD. Based on the motion that was made to accept his resignation that was seconded and unanimously accepted. This is his belief 

What, exactly, does that adopted motion say?

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It is also possible that the board did not have the authority to accept his resignation as a board member.  Here is what RONR says about that:

"47:57    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 in 56:43) 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."

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On 10/27/2023 at 7:10 AM, Guest Jill said:

Apparently the clerk wrote that the motion was to accept his resignation as president. It was the intention of the board to accept his resignation wholly

Well, if the minutes accurately reflect what the board did, which was adopt a motion to accept his resignation as president, and that's all, then it certainly appears that the board did not accept his resignation as a board member. What they actually did is what counts, not what they intended to do.

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