Relating to filling a vacancy on a unit owners association executive board

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to the appointment and election of an executive board (board). The bill requires an election for a board member who has been appointed to fill a vacancy on the board. The appointed board member must stand for election at the next annual meeting of the unit owners association in order to serve the remaining length of the appointed board member’s term. The bill permits one-fourth of the unit owners to petition the board to hold an election when a majority of the board members currently serve either by appointment or through the extension of the board member’s term by the distribution of unserved time for a vacated board position. The election shall be for all board members currently serving by appointment or by the extension of the board member’s term. The election shall be held no more than days after the filing of the petition. A petition may not force an election less than days prior to a regular election. The bill requires the board to provide written notice, in the form and manner required by the bylaws, to all unit owners prior to an election no more than days prior to the election. All unit owners shall be eligible to vote in an election required under the bill in the form and manner established by the bylaws. If a board refuses or fails to comply with the requirements of the bill, the bill permits a unit owner to bring an action in small claims court or, if the amount in controversy is unknown or the small claims court does not have jurisdiction, in the district court in the county where the unit owners association is located to request that the court order the board and the unit owners to mediate with a court-appointed mediator.