I live in an HOA in Nebraska. At the last meeting the President stood up, said "I resign" and also said he is tired of working with a bunch of Idiots....and left the meeting without closing the meeting. The Vice President resigned verbally also and all but one Board member left the meeting room. My question is ....What are the homeowners to do? Can we legally with the one Board member that didn't leave the meeting room elect new officers and get our secretary and treasurers books.
State/Country relating to question: Nebraska
Nothing...have been looking online for answers
Hello,This would be detailed in your HOA Bylaws as to how to conduct new elections for officers should one resign, or be unable to fulfill his/her duties. Typically the last remaining Board member can call a special election meeting so that owners can then cast votes for any candidate who wants to run for election. Another option that is common is for the last remaining Board member to essentially appoint the other members temporarily until a special election meeting is held..As for the books, those belong to the HOA and if the other members have resigned, they have no legal standing to retain them at this point and would be obligated to surrender them to the remaining Board member..The specific process for filling vacancies and special elections would be set out in your Bylaws, so that would be the place to start. If you don't have a copy of them, any officer should have them available..
Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.
If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
13 years real estate, Realtor. Landlord 24+ years
Three Board members walked out with President and Vice President after they verbally resigned. One of the Board members was the Sec-Treas. Do we assume they all resigned by walking out of the meeting room?
Well, I don't think that you could imply that by leaving they were resigning if they didn't specifically indicate they were doing so. At this point, only the officers who formally resigned either verbally or in writing could be considered to have done so..
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).