HOAleader.com - Tip of the Week - November 11, 2022
Published: Fri, 11/11/22
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HOAleader.com - Tip of the Week - November 11, 2022
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In this week's tip, we answer an HOAleader.com reader's question about whether the reader can rescind a resignation.
In a nutshell, while on vacation, a president was notified by the secretary that there were enough signatures seeking removal. The president resigned. When the president got back, it became obvious no such signatures were forthcoming.
Can the president unresign?
Let's start with the ultimate question: Can this board president rescind the resignation?
That depends. "I'd look to the state's local nonprofit corporation act," advises Todd J. Skowronski, an associate at Makower Abbate Guerra Wegner Vollmer PLLC, whose firm advises nearly 2,000 association clients throughout Michigan. "In some states, a resignation is effective when it's mailed.
"I also looked at Robert's Rules of Order," he states. "There, when the resignation takes effect can depend on your documents. Sometimes documents will require that a resignation is accepted to take effect. And sometimes it takes effect when the board has acted on it. So if the board hasn't had a meeting and filled a vacancy, it may not be too late to rescind that."
Our reader says the resignation had an effective date but doesn't say whether that effective date has passed. Perhaps there's an out there, says Jasmine F. Hale, CCAL, a partner at Berding & Weil based in Walnut Creek, Calif., who advises condos and HOAs throughout California.
"There's a difference between being a board member and an officer," she explains. "Board members are elected by the members. Officers serve at the pleasure of the board. Being a secretary or president is simply a role the board approves and designates to a specific board member. And in California, you can change officer roles as often as you want.
"In this case, did the president say, 'I resign as president?'" asks Hale. "If so, that doesn't mean you've resigned as being a board member. Or did you resign as an officer and a board member?"
There's even more to consider in answering whether this president can undo the damage done—including what to do about the secretary's apparent deception. Read more in our new article: https://www.hoaleader.com/members/4605.cfm
Best regards,
Matt Humphrey
President
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