Every executive board in an association must go through an election process on a regular basis, which is typically annually and spelled out in the association’s bylaws. In accordance with NRS 116 and the associations governing documents, every board must consist of no less than three board members and can be as large as seven to nine board members. But what happens when a board member needs to be removed from the board? Can a director be removed from the board?
YES. According to NRS 116.31036 board members can be removed from the executive board and here’s how it works …
A member of the board can be removed with or without cause provided that the unit owners are able to obtain the signatures of at least 10% (or less if the governing documents allow) of the unit owners on a petition to request a removal election. This petition must be mailed, return receipt or served by a process server to either the Community Manager or the Board.
The next step is to send out secret ballots to the owners between 15 and 60 days before the removal election meeting and is handled by the Community Manager. The ballot process is handled the same way that a regular election is processed. The removal election must be completed within 90 days of the receipt of the petition and is typically monitored by the association’s attorney given the nature of the process.
In order for a recall election to be successful, at least 35% of all unit owners must vote in favor of the recall and the majority of the total votes cast MUST be in favor of the removal. If the Association does not receive at least 35% of the owners to vote in favor of the recall and a majority of the total votes cast are not in favor of the removal, the Director will remain on the Board.
In conclusion, it is possible to remove a member of the board. This may seem like a very high standard to meet but there is sound reason behind the restrictions. It is my opinion that the laws may have been written this way in order to prevent frivilous removals of board members while still making it possible to do so should there be a broadbased community support for such an action.
If you have any questions, please feel free to contact a member of the Shelter Management Group (SMG) team, we would be happy to help! Contact us at 702-818-4780 or info @ sheltermanagementgroup.com
Article Authored By: Jamie Collins, Supervising CAM, CMCA, AMS agent at Shelter Management Group (SMG)