Kansas Statutes 58-4619. Board of directors; removal
(a) Unit owners present in person, by proxy, or by absentee ballot at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors and any officer elected by the unit owners, with or without cause, if the number of votes cast in favor of removal exceeds the number of votes cast in opposition to removal, but:
(1) A member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control;
Terms Used In Kansas Statutes 58-4619
- Board of directors: means the body, regardless of name, designated in the declaration or bylaws which has power to act on behalf of the association. See Kansas Statutes 58-4602
- Declarant: means a person or group of persons acting in concert that:
(1) As part of a common promotional plan, offers to dispose of the interest of the person or group of persons in a unit not previously disposed of; or
(2) reserves or succeeds to any declarant right. See Kansas Statutes 58-4602
- Declaration: means the instrument, however denominated, that creates a common interest community, including any amendments to that instrument. See Kansas Statutes 58-4602
- Person: means an individual, corporation, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Kansas Statutes 58-4602
- Quorum: The number of legislators that must be present to do business.
- Unit: means a physical portion of the common interest community designated for separate ownership or occupancy. See Kansas Statutes 58-4602
- Unit owner: means a person that owns a unit. See Kansas Statutes 58-4602
(2) if a member may be elected or appointed pursuant to the declaration by persons other than the declarant or the unit owners, that member may be removed only by the person that elected or appointed that member; and
(3) the unit owners may not consider whether to remove a member of the board of directors or an officer elected by the unit owners at a meeting of the unit owners unless that subject was listed in the notice of the meeting.
(b) At any meeting at which a vote to remove a member of the board of directors or an officer is to be taken, the member or officer being considered for removal must have a reasonable opportunity to speak before the vote.
(c) This section shall take effect on and after January 1, 2011.