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When an HOA Board Member Resigns

Board members resign from HOA boards of directors for a myriad of reasons. The predominant reason usually revolves around the member’s other pressing personal commitments. Another common cause is the board member selling their home and moving out of the HOA.


Whatever the reason, the first step is to review the HOA’s bylaws for guidance. Generally speaking, most HOA bylaws address the topic of board vacancies. If the bylaws go into detail such as this example:


“Section 5.1 Vacancies: A vacancy occurring in the Executive Board may only be filled by a majority of the remaining Board members, though less than a quorum, or by the sole remaining Board member; but a vacancy created by an increase in the authorized number of Board members shall be filled only by election at an Annual Meeting or at a Special Meeting of Members called for that purpose. As indicated in Section 5.5, the Membership shall have the first right to fill any vacancy created by the Membership’s removal of a Board member.”


This example of bylaw language is very specific and straightforward. If the bylaws fail to address board vacancies or the language is ambiguous, the next step is to review the state statutes that address non-profit corporations or if there are statutes regarding HOAs. WDMC



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