Election of Board Members; Staggered Terms

NRS 116.31034 Election of members of executive board and officers of association; term of office of member of executive board; staggered terms; eligibility to be candidate for or member of executive board or officer of association; required disclosures; procedure for conducting elections; certification by member of executive board of understanding of governing documents and provisions of chapter. 1. Except as otherwise provided in subsection 5 of NRS 116.212 , not later than the termination of any period of declarants control, the units owners shall elect an executive board of at least three members, all of whom must be units owners. The executive board shall elect the officers of the association. Unless the governing documents provide otherwise, the officers of the association are not required to be units owners. The members of the executive board and the officers of the association shall take office upon election. 2. The term of office of a member of the executive board may not exceed 3 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board. 3. The governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to: (a) Members of the executive board who are appointed by the declarant; and (b) Members of the executive board who serve a term of 1 year or less. 4. Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each units owner of the units owners eligibility to serve as a member of the executive board. Each units owner who is qualified to serve as a member of the executive board may have his or her name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association. 5. Before the secretary or other officer specified in the bylaws of the association causes notice to be given to each units owner of his or her eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, then: (a) The association will not prepare or provide any ballots to units owners pursuant to this section; and (b) The nominated candidates shall be deemed to …

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