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Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 81-323

Removal of members of executive board

Official textdelcode.delaware.gov

Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present, in person, by proxy or by ballot, and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, except that: (i) a member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control, and (ii) a person appointed under § 81-303(f) of this title may only be removed by the person that appointed that member:

# (a)

The unit owners may consider the question of whether to remove a member of the executive board either: (1) at any duly called meeting of the unit owners at which a quorum is present if that subject was listed in the notice of the meeting, or (2) at a special meeting called for the purpose of removing a member of the executive board, whether or not a quorum is present, so long as the voting at the special meeting is conducted in the manner described in subsection (c) of this section.

# (b)

At any meeting at which a vote to remove a member of the executive board is to be taken, the executive board shall provide a reasonable opportunity to speak before the vote to all persons favoring and opposing removal of that member, including without limitation the member being considered for removal.

# (c)

If a special meeting is called for the purpose of removing a member of the executive board, then the following rules apply, whether or not a quorum is present at that meeting in person or by proxy:

# (1)

After all persons present at the meeting have been given a reasonable opportunity to speak, the meeting shall be recessed for a period calculated in the manner described in paragraph (c)(2) of this section below.

# (2)

Promptly following the recess, the association shall notify all unit owners of the recessed meeting and inform the unit owners of their opportunity to cast votes either in favor or against removal during the 30-day period following the day that the notice is sent.

# (3)

The notice sent to unit owners shall specifically inform them of their right to cast votes either in a secret written ballot, on a form provided to the unit owners or by electronic means according to instructions contained in that notice.

# (d)

Whether a vote under subsection (c) of this section is taken before or after a recess, and whether or not taken by electronic means, a member of the executive board may be removed only if the number of votes cast in favor of removal: (i) exceeds the number of votes cast in opposition to removal and (ii) is greater than 1/3 of the total votes of the association.

Amendment history

76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82; 81 Del. Laws, c. 79, § 41

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In this title (40 sections)
  1. 25-81-304 · Transfer of special declarant rights
  2. 25-81-305 · Termination of contracts and leases of declarant
  3. 25-81-306 · Bylaws
  4. 25-81-307 · Upkeep of common interest community
  5. 25-81-308 · Unit owner meetings
  6. 25-81-308A · Executive board meeting
  7. 25-81-309 · Quorums
  8. 25-81-310 · Voting; proxies
  9. 25-81-311 · Tort and contract liability; tolling of limitation period
  10. 25-81-312 · Conveyance or encumbrance of common elements
  11. 25-81-313 · Insurance
  12. 25-81-314 · Surplus funds
  13. 25-81-315 · Assessments for common expenses
  14. 25-81-316 · Lien for assessments
  15. 25-81-317 · Other liens
  16. 25-81-318 · Association records
  17. 25-81-319 · Association as trustee
  18. 25-81-320 · Rules
  19. 25-81-321 · Litigation involving declarant
  20. 25-81-322 · [Reserved.]
  21. 25-81-323 · Removal of members of executive board
  22. 25-81-324 · Adoption of budget
  23. 25-81-325 · Service on associations and executive board
  24. 25-81-326 · Delaware corporations
  25. 25-81-401 · Applicability; waiver
  26. 25-81-402 · Liability for public offering statement requirements
  27. 25-81-403 · Public offering statement; general provisions
  28. 25-81-404 · Common interest communities subject to development right
  29. 25-81-405 · Time shares
  30. 25-81-406 · Common interest communities containing conversion buildings
  31. 25-81-407 · Common interest community securities
  32. 25-81-408 · Purchaser’s right to cancel
  33. 25-81-409 · Resales of units
  34. 25-81-410 · Escrow of deposits
  35. 25-81-411 · Release of liens
  36. 25-81-412 · Conversion buildings
  37. 25-81-413 · Express warranties of quality
  38. 25-81-414 · Implied warranties of quality
  39. 25-81-415 · Exclusion or modification of implied warranties of quality
  40. 25-81-416 · Statute of limitations for warranties
Full table of contents →