Legal Question in Real Estate Law in California
HOA board member wants to resign. Can she vote on the appointment of an interm replacement before she reigns
Asked on 9/25/11, 2:26 pm
2 Answers from Attorneys
That cannot be answered without reviewing the CC&R's and bylaws.
Answered on 9/25/11, 2:28 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Reigns? I guess you mean "resigns." I would say the vacancy doesn't exist until the resignation is not only irrevocable, but has actually taken place. So, I'd guess the answer is no, but as Mr. McCormick says, a careful reading of the HOA's governing documents might give a different interpretation.
Answered on 9/26/11, 2:20 pm