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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.
Optional Information: State/Country relating to question: Nebraska Already Tried: 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..
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Thanks.
Barrister
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Experience: 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..