Section 116.31036 - Removal of member of executive board1. 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 ballots pursuant to this section: (1) The secret ballots for the removal election must be mailed, provided or made available 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 . (2) The executive board shall set the date for the meeting to open and count the secret ballots physically received by the association and to review, announce and enter into the record the results of the secret ballots received by the association by electronic means so that the meeting is held not more than 15 days after the deadline for returning the secret ballots by physical or electronic means and not later than 90 days after the date on which the petition was received.(3) Upon written request submitted to the community manager, president or secretary of the association by a member of the executive board who is the subject of the removal election, the secretary or other officer specified in the bylaws of the association shall cause notice of a meeting of the executive board to be given to the units' owners not later than 5 days after receipt of the written request. The notice must include the date, time and location of the meeting, as requested by the member of the executive board who is the subject of the removal election, and identify the removal of the member from the executive board as an agenda item listed for discussion. A meeting requested pursuant to this subparagraph must occur before the date for the meeting set by the executive board pursuant to subparagraph (2).(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. 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 116.311 or 116.31105, the removal of any member of the executive board must be conducted by secret ballot in the following manner:(a) The secretary or other officer specified in the bylaws of the association shall cause a secret paper or electronic ballot to be provided to each unit's owner and : (1) If a paper ballot is provided, shall send the ballot and a return envelope , 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 ; or(2) If an electronic ballot is provided, shall provide the ballot or make the ballot available by electronic means to each unit's owner.(b) Each unit's owner must be provided with at least 15 days after the date the secret ballot is mailed , provided or made available to the unit's owner to return the secret ballot to the association by physical or electronic means.(c) Only the secret ballots that the association receives by physical or electronic means may be counted to determine the outcome.(d) At a meeting of the association , the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced and entered into the record. A quorum is not required to be present when the secret ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced and entered into the record 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 ballots that the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting of the association.Added to NRS by 1993, 2354; A 2003, 2231; 2005, 2596; 2009, 2799, 2885, 2917; 2011, 2434Amended by 2023, Ch. 172,§2, eff. 10/1/2023.Added to NRS by 1993, 2354; A 2003, 2231; 2005, 2596; 2009, 2799, 2885, 2917; 2011, 2434, effective 1/1/2012