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Subject: Board member resignation/re-instatement
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Author Messages
ChrisM33


Posts:0


08/17/2021 6:45 AM  
I just have a quick question. If a board member resigns willingly, can they be voted back on by the existing board members? We have a current situation where 2 board members have resigned. The first resigned a few days ago basing it on actions of another board member who just resigned today. Can the member who resigned a few days ago be voted back on? Thanks.
PatJ1
(North Carolina)

Posts:297


08/17/2021 6:59 AM  
The Board an appoint that or any other Board member by Board vote. The appointed Board member can continue on the Board until the next annual meeting election.

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
MarkM19
(Texas)

Posts:844


08/17/2021 7:01 AM  
Chris,
Once the first member resigned they are no longer on the board. When the second person resigned they are no longer on the board. It is up to the remaining board members to Appoint new members. If they choose to appoint the old board member they have that right IMO. It sounded like #1 had a problem with #2 and that has been resolved by #2 resigning.
CathyA3
(Ohio)

Posts:2607


08/17/2021 7:11 AM  
I agree with the other's comments. The remaining board members can appoint whomever they choose - and if director #1 is experienced and reasonable, that sounds like a win.
ChrisM33


Posts:0


08/17/2021 8:20 AM  
Thank you for your response.
ChrisM33


Posts:0


08/17/2021 8:21 AM  
Thank you.
ChrisM33


Posts:0


08/17/2021 8:23 AM  
Thank you, you are correct with the situation.
AugustinD


Posts:1937


08/17/2021 8:31 AM  
The Ohio Nonprofit Corporation statute has two sections on this that seem relevant to me:

First, the statute says a resignation, "shall take effect immediately or at such other time as the director may specify."

Second, the statute says the remaining directors may, by majority vote, fill any vacancy in the board for the unexpired term, unless the corporation's "articles of incorporation or regulations" say otherwise.

See https://codes.ohio.gov/ohio-revised-code/section-1702.29


The Ohio HOA and condo statutes appear to be silent on these subjects.
KerryL1
(California)

Posts:8734


08/17/2021 9:06 AM  
green with all others. Sounds like you're on the board? For your own education, Chris, what do your Bylaws say about filling board vacancies?
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Forums > Homeowner Association > HOA Discussions > Board member resignation/re-instatement



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