Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
(a) The members may remove a director
elected by the members with or without cause unless otherwise provided in the
association documents. If the removal is successful, the replacement director
shall be elected for the remainder of the removed director's term in accordance
with all applicable requirements and procedures in the association documents
and this chapter. If the replacement director is not elected at the meeting in
which the removal occurred, notwithstanding anything to the contrary in the association
documents, the board may fill vacancies to serve until the next annual or duly
noticed special meeting of the association.
(b) If a director is elected by a class,
chapter, or other organizational unit, or by region or other geographic
grouping, the director may be removed only by the members of that class,
chapter, unit, or grouping.
(c) Except as provided in subsection (i), a
director may be removed under subsection (a) or (b) only if the number of votes
cast to remove the director would be sufficient to elect the director at a
meeting to elect directors.
(d) If cumulative voting is authorized at the
meeting, the director may not be removed if the number of votes, or if the
director was elected by a class, chapter, unit, or grouping of members, the
number of votes of that class, chapter, unit, or grouping, sufficient to elect
the director under cumulative voting is against the director's removal.
(e) A director elected by members may be
removed by the members at any regular or special meeting; provided that:
(1) The board of directors recommends removal of the
director; or
(2) A member delivers to the secretary of the
association or managing agent a petition for removal of the director that:
(A) Is signed by members representing at
least one hundred units or members who own at least twenty-five per cent of the
total number of units in the planned community, whichever is less;
(B) Contains the printed name, identification
of the unit, address of the signing members, and dates of their signatures;
(C) Is delivered within seven days after the
posting of a notice of intent to distribute proxies that includes the election
of directors in accordance with section 421J-4(e), or within seven days after
the posting of a notice of intent to distribute a notice of a meeting under
section 421J-3.5(f); and
(D) Is submitted within one hundred twenty
days of the earliest signature.
(f) If the board of directors recommends
removal, or if a timely petition is delivered to the secretary of the
association or managing agent, the secretary or managing agent shall include
the proposed removal in the notice of the meeting.
(g) In computing whether a director is
protected from removal under subsections (b) through (d), it shall be assumed
that the votes against removal of the director are cast in an election for the
number of directors to the class to which that director belonged at the meeting
at which the removal is proposed.
(h) An entire board of directors may be
removed pursuant to subsections (a) through (c).
(i) If, at the beginning of a director's term
on the board, the association documents provide that the director may be
removed for missing a specified number of board meetings, the board may remove
the director for failing to attend the specified number of meetings. The
director may be removed only if a majority of the directors then in office vote
for the removal. [L 2022, c 69, pt of §1]