Don Begines resigned on August 1, 2023, effective August 2, 2023, in front of a group of 60 members/residents in the Clubhouse by having another member read his resignation letter, part of which I copied here and attached, below:
“It is with the utmost regret I am taking this opportunity to submit my resignation as Maintenance (sic) Director of Staffordshire Board of Directors effective Aug. 2, 2023. “
Later, Don stated that on or about 6:24 AM, August 2, 2023, he rescinded his resignation by delivering something to this effect (a note?) to the Board president. He has not explained how he could legally rescind his resignation 6 hours and 24 minutes after his resignation became effective and irrevocable.
This situation cannot continue if the Association and Water System are to function properly.
I include the following text for reference:
65.381 Resignation and removal of officers. (1) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is effective under ORS 65.034 unless the notice specifies a later effective date. If a resignation specifies a later effective date and the corporation accepts the later effective date, the corporation’s board of directors or any other person authorized under the articles of incorporation or bylaws may fill the pending vacancy before the effective date if the board or any other person provides that the successor does not take office until the effective date.
(2) A board of directors or any other person authorized under the articles of incorporation or bylaws to elect or appoint an officer may remove any officer the board or any other person is entitled to elect or appoint, at any time with or without cause.
(3) Once delivered, a notice of resignation is irrevocable unless revocation is permitted by the board of directors. [1989 c.1010 §96; 1991 c.231 §8; 2019 c.174 §71]
Source: https://www.oregonlegislature.gov/bills_laws/ors/ors065.html
https://friendsofstaffordshire.com/wp-content/uploads/2023/10/Don-Begines-Resignation.pdf
According to this document which was read to about 60 members of SHOA on August 1, 2023, Don resigned “as Maintenance Director”, effective August 2, 2023.
Is anyone confused? Did Don only resign from the “Maintenance” part of the Director job? Or did he resign entirely from the Board? I hope Don didn’t resign from the Board because he has been working hard to help this park.
I hope others will join me to help Don get a genuine Reserve Study completed for 2023. For those wondering if this means we will also create a “Maintenance Plan”, the answer is “YES” because the Maintenance Plan is an integral part of a properly written Reserve Study.
Think of it like this: The first part of a Reserve Study identifies all valuable assets of an HOA and the second part (Maintenance Plan) documents when these assets need maintenance/replacement and the costs of doing so.