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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I am the Preadent of the senior bord and i am losing all my

Customer Question

I am the Preadent of the senior bord and i am losing all my stuff. I only have myself and my secretary left.How can i get out ?? or quit we have mone in the bank.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest that the bylaws of the Board should have the process for a resignation. However, it generally requires that you write a resignation letter and provide it to all the Board Members.

It can be short and simple such as:

This is Notice that I am immediately resigning from the position as President of the Board.

And sign your name.

Customer: replied 1 year ago.
Their is no Board members left just me and my secrtery. We have money in 2 Banks what do I do with it ? I just can't walk away.
Expert:  Sam replied 1 year ago.

I see.

Thank you. What happened to the other members?

Expert:  Sam replied 1 year ago.

You need to have a vote on this and and how to dispose of the money in the banks. Are you the signatory on the accounts? Where did the money come from? Residents of the community where you are the president of the Board?

Customer: replied 1 year ago.
They just stoped coming to the meeting one by one. Or call and say sorry something came up. The last was when my treasurer came to me with all the books and said I am moving sorry did this last Month. I know nothing about the keeping the book.
Expert:  Sam replied 1 year ago.

Ok. I suggest you contact the banks. Get a final and full accounting after fees etc. Then you need to write the members, and enclose copies of those bank records. You tell them this money is left in the accounts. And that you need input on how they would like it to be returned.

The best scenario is it is you write checks to all the members from the account, equally. So if there are 20 members that contributed and there is $2000 in the accounts, once the bank collects all their fees, etc you would split those remaining funds equally.

Customer: replied 1 year ago.
I am the signatory on the accounts The money came from Residents a long time ago.
Expert:  Sam replied 1 year ago.

Once it is determined how much is remaining after the banks fees, then you can have the bank help you make the distributions equally.

But you need to write the letter to each and copy the accounting information.

And mail those letters to the contributors

Expert:  Sam replied 1 year ago.

Or you can talk to the bank and tell them there is no more Board. And you are resigning and you want to keep the accounts open for the next Board, but need to resign as signatory on the accounts.

But it is best to get that input from the contributors as to how they want to proceed and the majority rules.

Customer: replied 1 year ago.
Just me and my sectery are left,
Customer: replied 1 year ago.
Don't know who the contributors were there was many.
Customer: replied 1 year ago.
Bank can't keep it open if they have no signatory to take my place.
Expert:  Sam replied 1 year ago.

I understand. And so the best option is to have the most recent members vote on what should be done with it - maybe be donated to a charity.

Expert:  Sam replied 1 year ago.

You can write them a letter, tell them the situation, enclosed an accounting, give them 10 days from receipt of the letter or email to let you know what they prefer - an equitable refund or donate the money.

Customer: replied 1 year ago.
That money is for the senior Center for the senior.
Expert:  Sam replied 1 year ago.

Ok. Then some one runs the Senior Center, correct? I am guessing it is county owned. And you don't want to give the county the money - and so you need to talk to the director of the center and have them take over the accounts until a new Board is formed.

Customer: replied 1 year ago.
if I close the account and give all the money to the senior that go to the center. And close the board I will not get in trouble
Customer: replied 1 year ago.
Iam talking about $ 27.000 .
Expert:  Sam replied 1 year ago.

Correct. You tell the center that you want to transfer the money to them, until a new Board is formed. You need to work out those details with the center's director.

Expert:  Sam replied 1 year ago.

Or if the secretary is not going to resign, make them the signatory and you resign, the money stays in tact under the responsibility of the remaining member.

Expert:  Sam replied 1 year ago.

As long as this is all documented. So you will have a meeting with you and the secretary, the minutes will be taken and reflect the procedure that the secretary agrees to oversee the accounts until a new Board and Treasurer are appointed/formed.

Expert:  Sam replied 1 year ago.

That way when the new Board is formed, the new President and Treasurer will take the signatory from the Secretary and things continue. But have it in the minutes.

Customer: replied 1 year ago.
No she want out. Who will start the new Board ? C-Set is the country that feeds the senior the City of Exeter owen the bulding and the board was just to take care of the senior, the one at the center works for C-Set.
Expert:  Sam replied 1 year ago.

Ok. If there are no Board members once you resign, then I suggest you discuss this with the director and have them take over the account for a new Board.

Customer: replied 1 year ago.
What director???
Expert:  Sam replied 1 year ago.

Who runs the Senior Center?

Expert:  Sam replied 1 year ago.

There should be in your Board Bylaws provisions for when a Board it totally dismantled. The funds would transfer according to those bylaws. Do you have those?

Customer: replied 1 year ago.
CSet provides food and supplies from the city takes care of the bulding The senior just go their from 9am to about 12:00
the eat their on Mon, wed thur and fri I supplies thing for the holladays. and what other thing the country does not give them.
Customer: replied 1 year ago.
Not that I can find. they go way back.
Expert:  Sam replied 1 year ago.

Ok. Thank you.

I suggest you contact the CA Department of Aging. They oversee Senior centers.

Phone:(###) ###-####/p>


Tell them the situation. They can provide you the information as per the Bylaws on how to dissolve the Board, your resignation and what to do with the accounts.

Expert:  Sam replied 1 year ago.

Ask for the Director's Office.

Expert:  Sam replied 1 year ago.

Her name is***** as Director of the California Department of Aging (CDA).

Expert:  Sam replied 1 year ago.

So call the number I provided, ask for the office of Director Lora Connolly and talk to her staff/assistant.

Expert:  Sam replied 1 year ago.

Tell them what your situation is and they can guide you on what the Bylaws stipulate must be done with the open accounts and remaining funds.

Customer: replied 1 year ago.
I will call thanks. Hope they can help
Expert:  Sam replied 1 year ago.

You are welcome. I am sure they will be able to assist you. $27,000 is a lot of money and if the center is still operating that money is going to be needed. Thank you for the opportunity to assist you and good luck.

Customer: replied 1 year ago.
Thanks you for your help.
Expert:  Sam replied 1 year ago.

You are welcome. Thanking you in advance for a positive rating.

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