NRS 116.31036
Removal of member of executive board.


1.

Notwithstanding any provision of the declaration or bylaws to the contrary, any member of the executive board, other than a member appointed by the declarant, may be removed from the executive board, with or without cause, if at a removal election held pursuant to this section, the number of votes cast in favor of removal constitutes:

(a)

At least 35 percent of the total number of voting members of the association; and

(b)

At least a majority of all votes cast in that removal election.

2.

A removal election may be called by units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association. To call a removal election, the units’ owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If a removal election is called pursuant to this subsection and:

(a)

The voting rights of the units’ owners will be exercised through the use of secret written ballots pursuant to this section:

(1)

The secret written ballots for the removal election must be sent in the manner required by this section not less than 15 days or more than 60 days after the date on which the petition is received; and

(2)

The executive board shall set the date for the meeting to open and count the secret written ballots so that the meeting is held not more than 15 days after the deadline for returning the secret written ballots and not later than 90 days after the date on which the petition was received.

(b)

The voting rights of the owners of time shares will be exercised by delegates or representatives as set forth in NRS 116.31105, the executive board shall set the date for the removal election so that the removal election is held not less than 15 days or more than 90 days after the date on which the petition is received.
Ê The association shall not adopt any rule or regulation which prevents or unreasonably interferes with the collection of the required percentage of signatures for a petition pursuant to this subsection.

3.

Except as otherwise provided in NRS 116.31105, the removal of any member of the executive board must be conducted by secret written ballot in the following manner:

(a)

The secretary or other officer specified in the bylaws of the association shall cause a secret ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner.

(b)

Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

(c)

Only the secret written ballots that are returned to the association may be counted to determine the outcome.

(d)

The secret written ballots must be opened and counted at a meeting of the association. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

(e)

The incumbent members of the executive board, including, without limitation, the member who is subject to the removal, may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.

Source: Section 116.31036 — Removal of member of executive board., https://www.­leg.­state.­nv.­us/NRS/NRS-116.­html#NRS116Sec31036.

116.3101
Organization of unit-owners’ association.
116.3102
Powers of unit-owners’ association
116.3103
Power of executive board to act on behalf of association
116.3104
Transfer of special declarant’s right.
116.3105
Termination of contracts and leases of declarant.
116.3106
Bylaws.
116.3107
Upkeep of common-interest community.
116.31031
Power of executive board to impose fines and other sanctions for violations of governing documents
116.31032
Period of declarant’s control of association
116.31034
Election of members of executive board and officers of association
116.31035
Publications containing mention of candidate or ballot question: Requirements
116.31036
Removal of member of executive board.
116.31037
Indemnification and defense of member of executive board.
116.31038
Delivery to association of property held or controlled by declarant.
116.31039
Delivery to association of additional common elements constructed by declarant or successor declarant.
116.31043
Liabilities and obligations of person who succeeds to special declarant’s rights.
116.31046
Successor not subject to certain claims against or other obligations of transferor of special declarant’s right.
116.31065
Rules.
116.31068
Notice to units’ owners.
116.31073
Maintenance, repair, restoration and replacement of security walls.
116.310305
Power of executive board to impose construction penalties for failure of unit’s owner to adhere to certain schedules relating to design, construction, occupancy or use of unit or improvement.
116.310312
Power of executive board to enter grounds of unit to conduct certain maintenance or remove or abate public nuisance or to enter grounds or interior of unit to abate water or sewage leak or take other action
116.310313
Collection of past due obligation
116.310315
Accounting for fines imposed by association.
116.310395
Delivery to association of converted building reserve deficit.
Last Updated

Jun. 24, 2021

§ 116.31036’s source at nv​.us