Can a board member rescind their resignation
Hello! I’ve been searching the ars for anything regarding a board member rescinding their resignation?
We had a board member resign by email effective immediately on Saturday and then today say they wanted to rescind their resignation. Also, at an open meeting several months ago, they gave an oral resignation and rescinded that a few minutes later. I’ve done a little research on this and my understanding is that the resignation must be in writing and once past the resignation date it can’t be rescinded. I’ve also read that it could be rescinded with board approval. Do you have any advice on this? It isn’t addressed in our bylaws, CC&R’s, nor R&R’s.
Thank-you!!
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Susan,
I just responded to this exact same question by another member that I assume is in your community. My response was:
Pamela,
The state statutes for these communities do not address resignation and allow the association to define its own bylaws relative to that issue. If the bylaws do not guide the general rule of thumb is that resignation becomes effective on the date specified in the resignation letter. The resigned board member cannot rescind that resignation after the effective date and may not be appointed to a board position until after his original term would have expired. When a board member can’t decide if he/she wants to resign, how do any of the homeowners have any faith that any other decision the board member will make will be in their best interest?
Dennis