Elections and Board Member Removal
If a candidate who has submitted a nomination form for election as a member of the executive board requests that the association, or its agent, provide a list of mailing addresses of each unit in order to communicate campaign material directly to the units’ owners, must the association provide such a list?
NRS 116.31034(17); NRS 116.31175(4)(b)
The association or its agent must provide the list of mailing addresses of each unit, NOT including the names of units’ owners or tenants, only to a candidate who provides a signed written statement stating that he or she will use the list solely to communicate campaign material directly to units’ owners and NOT for any other purpose. If the candidate fails or refuses to provide the signed written statement, or the candidate has already requested that the association send their candidate informational statement at the association’s expense, the association may refuse to provide the list of mailing addresses.
This requested list of mailing addresses must be provided: in paper format at a cost not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter; in the form of a compact disc at a cost of not more than $5; or by electronic mail at no cost.
The list should NOT be provided by the association outside of an election period.
What if a board member stands to gain personal profit or compensation from a matter before the executive board?
Unless a person is appointed by the declarant, a person MAY NOT be a candidate for or member of the executive board, or an officer of the association, if the person stands to gain any personal profit or compensation of any kind from a matter before the executive board.
If a person is not eligible to be on the board per the provision above, the association must prohibit the person from serving as a board member or an officer.
A member of an executive board who has a member of his or her household or a relative who stands to gain any personal profit or compensation of any kind from a matter before the executive board shall disclose the matter to the executive board before voting on any such matter. In most circumstances, personal profit or compensation to a spouse of a board member is personal profit or compensation to the board member. Such a conflict must be disclosed, the board member must abstain from voting, and the association must prohibit the person from serving on the board or as an officer.
Can family members serve on an association’s executive board together?
A person, other than a person appointed by the declarant, may be a candidate for or member of the executive board and reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association, IF the number of candidates nominated for membership on the executive board during an election period is less than or equal to the number of vacancies. At that point, if the governing documents allow, the relatives will be ‘duly elected’ onto the board. A relative of another board member currently serving cannot be appointed onto the board.
How can I have a board member removed from the board?
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. 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, submitting a written petition, mailed, return receipt requested, or served by a process server, to the executive board or the community manager for the association. A removal election is held and conducted in the same manner as a general election. For the removal to take place, the number of votes cast IN FAVOR of removal must constitute at least 35 percent of the total number of voting members of the association and must also constitute at least a majority of all votes cast.
Can a majority of the board present at a meeting with an established quorum remove another board member without a vote from the unit owners?
NRS 116.31036; NRS 116.3106(1)(c)
While NRS 116.31036 describes the process by which unit owners may remove members of the executive board, the law is silent regarding whether or not a majority of the board can remove another board member. NRS 116.3106(1)(c) does state, however, that the bylaws of the association are required to specify the manner of removing members of the executive board. As such, an association should look to its bylaws when answering this question.