Page 5 - New England Condominium July 2021

When Is a Resignation a Resignation?
Q
If a member of the board sub-
mits his resignation, do the re-
maining board members have
to vote and accept the resignation, or just
have it signed and notarized by the resign-
ing individual and then have it recorded at
the Registry of Deeds...or both??
—Ready to Wrap It Up
A
“I note at the outset that this
writing is not intended to
provide actual legal advice.
e guidance contained herein is based on
only the limited information provided. A
more speci c and thorough response tak-
ing account of any pertinent additional
information should be obtained from an
attorney providing actual legal representa-
tion. at said, board member resignations
are governed less by actual law and more
by the particular language of the individual
condominium governing documents in-
volved,” says Gary M. Daddario, partner at
Marcus, Errico, Emmer & Brooks in Brain-
tree, Massachusetts.
“Most do not require a vote or ‘accep-
tance.’ To the extent such language ap-
pears, I would interpret ‘acceptance’ to
simply mean actual receipt and not the
grant of any assent. A er all, remaining
board members are without right to force
someone to continue to serve on the board.
As far as signatures and recording require-
ments, these vary from association to asso-
ciation. Whatever formalities in this regard
appear in the language of an association’s
governing documents should be followed
when it comes to creating and processing
board member resignations.
“As a side note, it is also important for
associations to record Certi cates of Elec-
tion/Appointment when individuals join
the board. Otherwise, a resignation could
raise more questions than answers if it re-
lates to an individual who isn’t on record
as being part of the board in the rst place.
“Finally, while a speci c state was not
referenced in the question, some have ad-
ditional requirements that are typically
handled along with Certi cates of Election/
Appointment. For instance, Massachusetts
requires that the contact information for
the party responsible for maintenance of
the property be on record. In addition, it is
prudent to have a current mailing address
for the association on record as this will as-
sist with getting notices to the board mem-
bers. Generally, all of these components
can be included each time an association
records a Certi cate of Election/Appoint-
ment.”
■
NEWENGLANDCONDO.COM
NEW ENGLAND CONDOMINIUM
-JULY 2021
5
Disclaimer: e answers provided in this Q&A
column are of a general nature and cannot
substitute for professional advice regarding your
speci c circumstances. Always seek the advice of
competent legal counsel or other quali ed profes-
sionals with any questions you may have regard-
ing technical or legal issues.
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Q&A
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