GreggK2 (Kansas)
Posts: 86
Posts: 86
Posted:
This is kind of a followup to a question I posted a few days ago. As I posted, the litigant in a pending lawsuit (we have mediation with this person in 2 weeks) decided to circulate a petition to remove the board of directors. Their thinking is, if there is no board then the lawsuit would disappear. Now, I've emailed our attorney. He is a Kansas attorney and I firmly believe he knows what he is talking about. He assured me that this petition is completely invalid and is worth the paper it is written on. While I have not seen the petition, I do believe it has more than 1 signature per household. Our documents give one vote per household. It also has the signatures of tenants of rental property, whose vote would not count since they are not the owner. But I think I might see where the petitioner is getting their info from. This is from the Kansas Owners Bill of Rights but I am not very clear on the language. For example, it makes reference to declarant, which I am not sure what that means.
Also, I was not elected to the board by the home owners. There were 4 vacancies on the board and I was elected to the board by, at the time, the president and treasurer, along with 2 other home owners. I was then elected as president by the members of the board. I am not sure if I am reading it correctly but it almost sounds as those only the other members of the BoD can vote to remove me. All of the other board members were elected to fill vacancies. Not a single board member was voted on by the home owners. FYI - we've done a bang up job in the past year and this removal is being done out of spite and bad leal information being floated around. I am wondering if someone could read and interpret this:
58-4619. Same; 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;
(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. History: L. 2010, ch. 116, § 18; July 1.
Also, I was not elected to the board by the home owners. There were 4 vacancies on the board and I was elected to the board by, at the time, the president and treasurer, along with 2 other home owners. I was then elected as president by the members of the board. I am not sure if I am reading it correctly but it almost sounds as those only the other members of the BoD can vote to remove me. All of the other board members were elected to fill vacancies. Not a single board member was voted on by the home owners. FYI - we've done a bang up job in the past year and this removal is being done out of spite and bad leal information being floated around. I am wondering if someone could read and interpret this:
58-4619. Same; 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;
(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. History: L. 2010, ch. 116, § 18; July 1.