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Subject: Resignation of Board Member
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Author Messages
RickD
(Florida)

Posts:4


03/02/2006 1:15 PM  
A board member sent an email to all other board members and property manager. Exact wording at the end was "...and for all concerned I must step down." Now he claims that this was not a notice of resignation.

Two questions:
1. Is the wording sufficient to be a statement of resignation?
2. In this case, is an email considered a legal document in place of a hand-signed notice.
SamuelB
(North Carolina)

Posts:83


03/04/2006 5:38 AM  
It surely implies that s/he is resigning, however, s/he could be stepping down as a committee person, or something else. You have privy to the entire email, so the statement s/he made, in context, would probably tell the story.

As for being legal (and I'm no attorney but....) have you ever gotten en email from an attorney and read the disclaimer at the bottom? It basically states that the email is for your eyes only. That goes a long way toward making an email more than just a piece of cybermail. The problem with email, like snail mail, is that it can be forged (appear to come from one sender when in reality it came from another). If the email is challenged in a court of law, I suspect it would get some pretty heavy scrutiny and it would take a network expert to help resolve its validity.

I fly because it releases my mind from the tyranny of petty things . . . - Antoine de St-Exupéry
LisaS
(Illinois)

Posts:341


03/04/2006 7:27 PM  
I agree- taken out of the context of the original email it is hard to say what the intent was.

Is there a problem with this Board member that would cause your Association to hope that he had resigned and not allow him back? If (other than this 'incident') they have been a good contributor, they should be allowed to stay rather than attempting- probably unsuccesfully- to remove them.

Lisa
RickD
(Florida)

Posts:4


03/09/2006 11:32 AM  
Thanks for the response. Our property manager has said that in his opinion the email was a resignation, and that the Board of Directors has to vote on whether or not to accept the resignation. To be continued...
RickD
(Florida)

Posts:4


03/09/2006 11:34 AM  
LisaS:

Thanks for the response. Our property manager has said that in his opinion the email was a resignation, and that the Board of Directors has to vote on whether or not to accept the resignation. To be continued...
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Forums > Homeowner Association > HOA Discussions > Resignation of Board Member



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