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.
����� 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 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.