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Subject: Resignations, Email monitoring, Contracts and Committees
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08/10/2006 11:00 AM  
1. Our docs require a written notification of resignation. Is a verbal statement of intent to resign binding or must he submit his written letter?

2. What is the law (FL) regarding the monitoring of company emails, including both employees and Board members?

3. Since the Board is charged with the responsibility of entering into contracts for the Association, must the Board (a qourum of it and then a majority) consent to changing the terms (not approving a new one or cancelling) of an existing contract? Must this be done at a Board meeting?

4. Do committee members need to be removed at a meeting or can they be removed at any time?



08/10/2006 12:31 PM  
1) Written is required if that's what your by-laws state
2) VERY tricky legal situation. Consult an attorney (unless you work for the NSA... then do what you want)


08/17/2006 6:55 AM  
I don’t know for sure. If your by-laws say all resignations need to be in writing, then I would assume it would need to be written with pen/pencil to paper. No email, because anyone could potentially write that. There isn’t any proof that they even wrote what is being read.
Again not for sure but I would think a committee member was elected at a board then to be removed the same process would have to take place.
You should be able to find some previously postings, in the search box as well.
Removing a board member, I have seen this post some time ago.
Maybe this will help you out.
Chuck W.

Charles E. Wafer Jr.


08/17/2006 7:25 AM  
Regarding resignation of a board member, if it says you need a written resignation then that is what you need, an email would suffice.

Not sure of the basis of the question with regards to laws for monitoring email. I had a situation where a homeowner was sending me nasty emails. I blocked her email when she refused my request to stop emailing me. She believed that I was required to receive them but our HOA attorney said otherwise since I am a volunteer and not a paid employee.

Our board does a lot of things via email, including contract renewals, bid acceptance, etc. The MC will forward the contract, ACC request, or anything else and if it is something simple, we will vote via email. If it needs discussion, etc., we save it for a meeting.


08/17/2006 8:27 AM  
Regarding #2, there would have to a printed and agreed upon policy regarding the monitoring. In other words, the employee would have to know about the policy. Continued use of the internet might be considered agreement (check with attorney). I think Florida requires that both the sending and receiving parties agree to monitoring of e-mail. Its one of only two states that does. Google this one for more information and have the attorney help draft the policy.


Joseph West
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Community Associations Network, LLC

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Forums > Homeowner Association > HOA Discussions > Resignations, Email monitoring, Contracts and Committees

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