Legal Question in Real Estate Law in Arizona

HOA board

Two members of the HOA board gave their resignation. Now they want to come back. Do we have to take them back.


Asked on 6/04/09, 8:38 am

2 Answers from Attorneys
Scott Weitz Weitz Law Firm, PLLC

Re: HOA board

Interesting- had these Board Members officially lost their Board seat? If not, they may have a strong argument that they had repudiated their resignation before it was effective.

I would look at your CC&Rs to see if there is a provision that governs the Board and the this type of situation.

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Answered on 6/04/09, 12:07 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: HOA board

If the resignations were properly accepted by the Board, then they can't withdraw them and must follow the prescribed procedure for election to the Board just the same as any other member who wants to serve on the Board.

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Answered on 6/04/09, 12:30 pm


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