33-1813

33-1813. Removal of board member; special
meeting

A. Notwithstanding any provision of the declaration or bylaws to the contrary, the
members, by a majority vote of members entitled to vote and voting on the matter at a
meeting of the members called pursuant to this section at which a quorum is present, may
remove any member of the board of directors with or without cause, other than a member
appointed by the declarant. For purposes of calling for removal of a member of the board
of directors, other than a member appointed by the declarant, the following apply:

1. In an association with one thousand or fewer members, on receipt of a petition
that calls for removal of a member of the board of directors and that is signed by the
number of persons who are entitled to cast at least twenty-five per cent of the votes in
the association or one hundred votes in the association, whichever is less, the board
shall call and provide written notice of a special meeting of the association as
prescribed by section 33-1804, subsection B.

2. Notwithstanding section 33-1804, subsection B, in an association with more than
one thousand members, on receipt of a petition that calls for removal of a member of the
board of directors and that is signed by the number of persons who are entitled to cast
at least ten per cent of the votes in the association or one thousand votes in the
association, whichever is less, the board shall call and provide written notice of a
special meeting of the association. The board shall provide written notice of a special
meeting as prescribed by section 33-1804, subsection B.

3. The special meeting shall be called, noticed and held within thirty days after
receipt of the petition.

4. For purposes of a special meeting called pursuant to this subsection, a quorum
is present if the number of owners to whom at least twenty per cent of the votes or one
thousand votes, whichever is less, are allocated is present at the meeting in person or
as otherwise permitted by law.

5. If a civil action is filed regarding the removal of a board member, the
prevailing party in the civil action shall be awarded its reasonable attorney fees and
costs.

6. The board of directors shall retain all documents and other records relating to
the proposed removal of the member of the board of directors for at least one year after
the date of the special meeting and shall permit members to inspect those documents and
records pursuant to section 33-1805.

7. A petition that calls for the removal of the same member of the board of
directors shall not be submitted more than once during each term of office for that
member.

B. For an association in which board members are elected from separately designated
voting districts, a member of the board of directors, other than a member appointed by
the declarant, may be removed only by a vote of the members from that voting district,
and only the members from that voting district are eligible to vote on the matter or be
counted for purposes of determining a quorum.