Legal Question in Legal Ethics in Texas
An HOA Board of Directors has 3 members, President, Vice-Pres and Sec/Trs. The President sends the other 2 an email that simply states: Upon receipt of this I hereby resign. There was no reason or nothing else except that.
Within an hour of that email, the V-P and Sec/Trs announce their resignations. The Board of Directors does not have any members.
The next day, the President that resigned first claims that since the other 2 failed to take action and vote to accept his resignation, he can reclaim his position on the Board.
Is that possible? If so, by the same reasoning, would the V-P and S/T be able to make a motion and vote on accepting his resignation after everyone has announced their resignation?
1 Answer from Attorneys
You would have to review the bylaws of the HOA regarding vacancies. Typically, there is a provision to handle the resignation, temporary fill, etc. The bylaws control. If the bylaws are silent (unlikely) then the members would have vote in a new board.
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