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Subject: Board Member Resignation
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NormaP
(Florida)

Posts:8


02/21/2011 3:14 PM  
The Director of our Board suddenly resigned during a meeting and left the meeting. This was made on the spur of the moment. A lot of people are telling her that since she hasn't show her written resignation, that she should stay in the Board. Our actual Board do not like her and have been making her feel very uncomfortable and they do not listen to our homeowners, just what they want to listen

I would like to know if she can stay on the Board or if she is obliged to resign under these circumstances.
DonnaS
(Tennessee)

Posts:5671


02/21/2011 3:42 PM  

Norma,

She walked out didn't she? This kind of says that she does not want to be on the Board. This is not a game of should I stay or should I go. She left and that is difinitive to me. Move on, get someone who is really interested in serving on the Board. By the way, the correct procedure is to regin in writting so it is not disputed as to whether she did or did not resign.
SusanW1
(Michigan)

Posts:5202


02/21/2011 4:33 PM  
Make a motion to accept her resignation, due to her behavior and verbal indication that she was resigning. Then send her a letter stating that the board has accepted her resignation. This could be the form needed to satisfy the "in writing" requirement.

Don't wait for her to write the letter. Too many times I've seen people change their mind after an outburst and stating a resignation; then they want to come back.

Act first. Close the door for her.
NormaP
(Florida)

Posts:8


02/21/2011 8:48 PM  
I think I didn't make myself clear. Our Board is making a lot of things incorrectly and some of them may even be illegal and our Board Director is the only one trying to stop this. When the Board sets its mind in something, they won’t even listen to the homeowner’s opinions, only our Board Director. Our President has an enormous ability of twisting things and convincing the rest of the Board (except the Director) of her desires and caprices. You cannot imagine the pressure that our Board Director has when the rest of the Board is always against her and lying in a lot of situations. The Board (except the Director) wants to get rid of our Administrator and they are making her world impossible. A Board member even sue our Administrator and she was acquitted of the accusations. Now the Board President is convincing that Board member who accused our Administrator to appeal. This Board is a real mess, the worst Board you can imagine, and our Director of the Board is the only one who is swimming against the current.

The Board President started to read a letter accusing the Board Director of not wanting to collaborate with the rest of the Board and a discussion started. Our Board Director felt fed up and on the spur of the moment she said she resigned and walked away. There are a lot of homeowners asking her to stay in the Board, even me. I just want to know if since she has not written a resignation letter, if can she stay in the Board? Or... since she verbally resigned, does she has to step out of the Board. If it would take a vote of the Board to accept her or not, we all know she is fried.
SusanW1
(Michigan)

Posts:5202


02/21/2011 10:22 PM  
My answer does not change.
There were other options for this person:
Tell the president that she is out of order.
Request the board to go into ES, since it sounds like it was a disciplinary issue.
Request an ad hoc committee to investigate this issue, since there is too much dissention on the board to get a clear picture of the situation.

She left the meeting and said she resigned. If you could find in your documents that ONLY a written resignation is official then she might have a chance of staying on the board. If the board already voted to accept her storm-out, then she if off the board.

JanetB2
(Colorado)

Posts:1962


02/21/2011 10:25 PM  
Hi Norma:

What do your by-laws state with regards to resignation of board or officers?
AnnD2
(Connecticut)

Posts:76


02/22/2011 7:53 AM  
I thought Florida had a means by which HOA's that have problems with their boards can complain on a state level and get help resolving them. If this board member and others don't feel things are being done properly, then don't you have a means--other than through a lawsuit--to get some direction and help?

We in CT are working on getting help with conflict resolution and we have heard that Nevada and Florida have mechanisms in place to help HOA members. Is that wrong?

Otherwise, it seems as though you have two issues: one the resignation of the board member and the other deals with the conflict/differences between her and the other members of the board. Maybe the only way she can deal with this conflict is off the board.
MelissaP1
(Alabama)

Posts:4772


02/22/2011 9:10 AM  
I was physically attacked by a member at a board meeting and had to run out. It was a terrible situation and one I regretted. I was no longer President but a board member at the time. The new president and board had been manipulated by the previous con-artist president to takeover the HOA. Something I had spent 3 years of my life PROTECTING the membership from.

However, there does come a point where one does have to walk away. I think this lady has hit her point and given some respect for it. The membership and any board members on her side should keep up her message. Let her take a breather and ask that she still stay on the board but using proxy voting if necessary. Her vote is important and should stay intact.

I was already done with my HOA and was only staying on the board as a consultant. It was best that I just expose what I had protected for sooo long to the sunlight. 6 months later people finally caught on and were outraged. People finally spoke up and didn't let them not here their opinions. It was a break through of sorts as no one attended my meetings because they trusted me to do the right thing and EVERYONE attends their meetings because they aren't.

By the way, I always post that suing a HOA is suing yourself and your neighbors. However, what I don't post very often is suing a HOA is NOT a bad idea IF it is done as a GROUP NOT INDIVIDUAL. If this lady wants to organize a GROUP of homeowner's to sue then she may be on to something there. Plus some legal fees may be tax deductible for her to do so...

Former HOA President
DonnaS
(Tennessee)

Posts:5671


02/22/2011 12:08 PM  

Ann ,

You have to be quite far along in a dispute before the State will intervene wih use of an Omsbudman or an arbitrator. There must be an illegal I don't mean someone is not following their docs)issue or criminal problem prior submitting requests for interventin. Florida Statutes have enought rules and guidelines that any HOA should be able to resolve their own problems and if not, then they go lawyer. If you ever get bored some day, read some of these Statutes. S.S. 720 is for HOA's, and 718 is for Condos.
AnnD2
(Connecticut)

Posts:76


02/23/2011 5:31 AM  
Melissa,

If you were "physically attacked," why didn't you call the police? I feared for my physical safety and called the police to sort things out where I live. It actually did serve as a reality check which went a long way toward calming things down.

Sadly, many HOA's become hermetically sealed worlds in which a few people's warped perception of their self-importance can really make life very difficult and scary for others. It is important to use all legal means available to remind these individuals of reality and the fact that in any organization they have only one vote....Good luck.
MelissaP1
(Alabama)

Posts:4772


02/23/2011 6:41 AM  
The post wasn't about me. It was just an example of empathy in understanding what the poster was referencing. I did call the police and things were handled...

HOA's mix personal and professional business together which can make things very miserable. If you going to live where you work and work for what you live for then every once and awhile you need to take a walk. Just hope you walk back and stand up a bit taller when you get back home...

Former HOA President
NormaP
(Florida)

Posts:8


02/23/2011 7:59 AM  
Posted By AnnD2 on 02/23/2011 5:31 AM
Melissa,

If you were "physically attacked," why didn't you call the police? I feared for my physical safety and called the police to sort things out where I live. It actually did serve as a reality check which went a long way toward calming things down.

Sadly, many HOA's become hermetically sealed worlds in which a few people's warped perception of their self-importance can really make life very difficult and scary for others. It is important to use all legal means available to remind these individuals of reality and the fact that in any organization they have only one vote....Good luck.





No! No one was physically attacked! The President of the Board has a great ability in TWISTING the facts and the Board members (except the Director) are her "puppets", who would do whatever she says, without thinking by themselves. This is something that you really have to see it to believe it!
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