Guest Jill Posted October 27, 2023 at 07:17 AM Report Share Posted October 27, 2023 at 07:17 AM 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) Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2023 at 10:50 AM Report Share Posted October 27, 2023 at 10:50 AM On what does he base his claim that the board did not accept his resignation as a director? Quote Link to comment Share on other sites More sharing options...
Guest Response Posted October 27, 2023 at 10:57 AM Report Share Posted October 27, 2023 at 10:57 AM 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 Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2023 at 10:58 AM Report Share Posted October 27, 2023 at 10:58 AM 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? Quote Link to comment Share on other sites More sharing options...
Guest Jill Posted October 27, 2023 at 11:00 AM Report Share Posted October 27, 2023 at 11:00 AM He states that the BOD only acted on accepting his resignation as president and not BOD, this is his belief. Even though a motion was made, seconded and unanimously agreed. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2023 at 11:02 AM Report Share Posted October 27, 2023 at 11:02 AM On 10/27/2023 at 7:00 AM, Guest Jill said: He states that the BOD only acted on accepting his resignation as president and not BOD, this is his belief. Even though a motion was made, seconded and unanimously agreed. You haven't answered my question. Quote Link to comment Share on other sites More sharing options...
Guest Jill Posted October 27, 2023 at 11:10 AM Report Share Posted October 27, 2023 at 11:10 AM 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 Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2023 at 11:11 AM Report Share Posted October 27, 2023 at 11:11 AM 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." Quote Link to comment Share on other sites More sharing options...
Guest Jill Posted October 27, 2023 at 11:17 AM Report Share Posted October 27, 2023 at 11:17 AM There is nothing in the by laws regarding the body that can accept a resignation. can the motion be amended since it was the boards intent to accept the resignation as he requested of both positions? Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2023 at 11:20 AM Report Share Posted October 27, 2023 at 11:20 AM 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. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2023 at 11:24 AM Report Share Posted October 27, 2023 at 11:24 AM On 10/27/2023 at 7:17 AM, Guest Jill said: can the motion be amended since it was the boards intent to accept the resignation as he requested of both positions? No, not retroactively. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2023 at 11:34 AM Report Share Posted October 27, 2023 at 11:34 AM If he still wishes to resign as a board member, his resignation can now be accepted. You will have to look to your bylaws to see if the board has the authority to accept this resignation. Quote Link to comment Share on other sites More sharing options...
Guest Jill Posted October 27, 2023 at 01:01 PM Report Share Posted October 27, 2023 at 01:01 PM Thank you Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 27, 2023 at 09:56 PM Report Share Posted October 27, 2023 at 09:56 PM Guest Jill, if I may: how does someone get on the BOD, and how does someone become President? Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 27, 2023 at 11:06 PM Report Share Posted October 27, 2023 at 11:06 PM On 10/27/2023 at 5:56 PM, Joshua Katz said: Guest Jill, if I may: how does someone get on the BOD, and how does someone become President? Jill: And if the answer is: They're elected, then the question is by whom? Quote Link to comment Share on other sites More sharing options...
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