Board Resignations in Tennessee HOAs

Question:

I found out several months after-the-fact that my name was on the ballot for a board opening – no one spoke AT ALL to me about this beforehand, I was not a candidate, and would have declined IF I had been approached and asked to run. I am deeply pissed off by this – what can I do about it?

– Suzanne

 

Answer:

Hi Suzanne,

If you have been elected to the HOA board but don’t want to accept it, you may resign from the position. Your governing documents, specifically your bylaws, should contain the procedure for board resignations. If not, you may refer to the Tennessee Nonprofit Corporations Act ยง 48-58-107, which states:

“(a) A director may resign at any time by delivering written notice to the board of directors, its chair or president, or to the corporation.
(b) A resignation is effective when the notice is effective unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date.”

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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