**Case Summary: Richard P. Quinn vs. Homestead North Homeowners Association**
**Case No.:** 20F-H2019040-REL
**Date:** May 5, 2020

**Overview**
This Administrative Law Judge Decision concerns a Homeowners Association (HOA) Dispute Process Petition filed by Richard P. Quinn (Petitioner) against Homestead North Homeowners Association (Respondent). The dispute centered on whether a Board member, Karen Igo, had been automatically removed from her position due to alleged delinquent assessments. The case was decided via written briefs in lieu of an in-person hearing.

**Key Facts**
* **The Debt:** On March 13, 2019, a "Wall Charge" of $3,925.00 was posted to the account of Board member Karen Igo. Between April and October 2019, Ms. Igo made regular payments, paying the balance in full by October 21, 2019.
* **Petitioner's Actions:** Petitioner, also a Board member, contended that Ms. Igo’s debt triggered an automatic resignation under the Bylaws. On October 18, 2019, Petitioner sent an email to the Board stating he "accepted" Ms. Igo’s resignation. He argued that because no other Board members responded to the email, his solitary vote constituted a majority acceptance.
* **Bylaws Provisions:**
* *Article III, Section 4:* States that a director's delinquency constitutes a resignation which is "effective when the Board of Directors accepts such resignation".
* *Article III, Section 9:* Defines a valid act of the Board as a decision made by a majority of directors present at a "duly held meeting" where a quorum is present.

**Main Legal Issues**
The proceedings were bifurcated to address a specific legal question: **Did the Board accept the resignation?**. The Petitioner bore the burden of proving by a preponderance of the evidence that the Board had validly accepted Ms. Igo's resignation.

**Legal Analysis & Findings**
Administrative Law Judge Tammy L. Eigenheer ruled against the Petitioner based on the plain language of the Association's Bylaws:
1. **Effectiveness of Resignation:** The Judge affirmed that under Article III, Section 4, a resignation based on delinquency is not automatic; it requires Board acceptance to become effective.
2. **Invalidity of Email Action:** The Judge determined that Petitioner’s email did not constitute a "duly held meeting" of the Board. Consequently, an email correspondence could not establish a quorum, and the Petitioner’s "vote" could not be considered a majority decision or a valid act of the Board.
3. **Lack of Quorum:** The Petitioner failed to provide evidence that a quorum of the Board ever voted to accept Ms. Igo’s resignation at a proper meeting.

**Outcome**
The Judge found that Petitioner failed to prove the Board accepted the resignation. As the acceptance condition in the Bylaws was never met, the resignation was not effective. The petition was dismissed.