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Subject: Board -rescind resignation
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Author Messages
KarenH19
(Maryland)

Posts:10


12/14/2018 6:16 AM  
I am in Maryland. I was President of my hoa and chairman of the architectural committee during the first year the hoa was turned over to us. Because of being overwhelmed I resigned from the board. At our annual meeting only one person expressed interest on being on the board so she was automatically put on the board However at the board meeting the board asked me to stay on until they found a replacement and I was made Vice President. We also decided the new President would be the chairman of the architectural committee. The minutes of the meeting first indicating that I resigned and at the same meeting asked me to stay on the board has not yet been approved or distributed to the homeowners Because I did enjoy being on the board and because it wouldn’t be as much work i want to stay on the board They still have not found anyone else that’s want to be on the board. Can I rescind my resignation?
RoyalP
(South Carolina)

Posts:707


12/14/2018 7:28 AM  
No, you may not rescind your resignation after it has been submitted UNLESS you have not yet reached its effective date.

No, you may not 'alter' the minutes to 'make it go away'.

Yes, you may accept an appointment to the BOD after resigning.

Best of Luck
SheliaH
(Indiana)

Posts:2465


12/14/2018 7:32 AM  
You can try, but the board may or may not accept it. What may help you is that no one else expressed interest in the job, so you might be in luck. The action at the last meeting should stand because that's what happened and board meeting minutes should reflect what went on.

That said, you need to decide how much work is too much and whether you'll stick it out this time, especially if you're going to serve as vice president. You know your schedule better than anyone and there's more to HOA boards than just showing up at a meeting and deciding how to spend money. If you really don't have the time (or don't want to make the time), do yourself and everyone else a favor and let the board find someone else. Otherwise, get yourself organized so you can do the job effectively (this doesn't mean do everything, which may be why you flamed out the first time).

CathyA3
(Ohio)

Posts:243


12/14/2018 10:21 AM  
I agree with Royal and Shelia: once you've resigned, you're no longer on the board. The remaining board members can vote to appoint you to the open position, but they are not obligated to do so - they can appoint another person if they want. The vote should take place at the next board meeting and should appear in the minutes.

In Ohio, email is considered to be "in writing", and sometimes board members get angry, frustrated, tired, etc., and they go home and bat off an email saying "I quit!" When they cool down and decide that they really didn't want to resign after all, they're surprised to discover that they're no longer on the board and that the open position isn't "theirs".
JeffT2
(Iowa)

Posts:465


12/14/2018 11:49 AM  
I have a quite a different take on it.

Your bylaws and/or state law should have a statement on how to resign from the board. What do your bylaws say on this? Most likely it says that the resignation is in writing (email is writing) and is effective when received (unless a future date is specified). If so, the board should not 'accept' or reject a verbal resignation, which is effectively removing someone from the board when the board has no authority to accept a resignation or to remove a board member in this way.

Your bylaws should also say how a board member can be removed, which probably does not take place by a motion or accepting resignations (unless the board was the entity that originally appointed a board member).

From the viewpoint of an individual board member, a verbal resignation does not mean that you have resigned, even if 'accepted,' since it should be in writing. Same thing if your resignation was at the annual meeting.

So if your resignation was verbal and not in writing, then you are still on the board.

To be fair, this is an opinion and I have not looked up any court cases.

As Royal noted, the current board member or members can appoint you to a vacancy on the board. This does not necessarily have to be done at a board meeting. At a proper board meeting with a quorum, the board can then vote you to be vice president.
KerryL1
(California)

Posts:6350


12/14/2018 1:09 PM  
With Jeff, you probably must resign in writing. Look at your own bylaws, Karen, to see how to properly resign from the board and from your office. If not there, read your state's corporation codes about the same topic.

If you, in fact, resigned properly, the board can vote to appoint you to the board. It also can vote to appoint you to the office of VP. In CA, this must be done at an open board meeting. What is correct in MD, Karen? These are things you should learn to serves on the board.
SueW6
(Michigan)

Posts:491


12/14/2018 1:15 PM  
You could have withdrawn your res nation, but it sounds like that it’s already recorded in the minutes and thus, acknowledged by the board.

So it’s a clean slate.

The current board can fill the vacancy - appoint you and you go from there.

Don’t complicate the future by trying to undo a past action.
JohnC46
(South Carolina)

Posts:8268


12/14/2018 1:37 PM  
Posted By SueW6 on 12/14/2018 1:15 PM
You could have withdrawn your res nation, but it sounds like that it’s already recorded in the minutes and thus, acknowledged by the board.

So it’s a clean slate.

The current board can fill the vacancy - appoint you and you go from there.

Don’t complicate the future by trying to undo a past action.




I agree.
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