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2019 New Hampshire Revised Statutes
Title XXXI - Trade and Commerce
Chapter 356-B - Condominium Act
Section 356-B:40-b - Removal of Officers and Directors.
Universal Citation: NH Rev Stat § 356-B:40-b (2019)
356-B:40-b Removal of Officers and Directors. –
I. Notwithstanding any provision of the declaration or bylaws to the contrary, unit owners present in person or by proxy 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, provided that:
(a) A member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control.
(b) 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.
II. 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 shall have a reasonable opportunity to speak before the vote.
I. Notwithstanding any provision of the declaration or bylaws to the contrary, unit owners present in person or by proxy 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, provided that:
(a) A member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control.
(b) 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.
II. 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 shall have a reasonable opportunity to speak before the vote.
Source. 2015, 131:1, eff. Jan. 1, 2016. 2016, 311:2, eff. Aug. 1, 2016.
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