Vacancy on board.

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(1) Unless the articles or bylaws otherwise provide, a vacancy on the board of directors must be filled:

  1. Within a reasonable time by majority vote of the remaining directors, until the nextannual members meeting or a special meeting of members is called to fill the vacancy; and

  2. For the balance of the unexpired term by members at the next annual members meeting or a special meeting of members called to fill the vacancy.

(2) Unless the articles or bylaws otherwise provide, if a vacating director was elected or appointed by a class of members or a district:

  1. The new director must be of that class or district; and

  2. The selection of the director for the unexpired term must be conducted in the samemanner as would the selection for that position without a vacancy.

(3) If a member appointed a vacating director, the articles or bylaws may provide for that member to appoint a director to fill the vacancy.

Source: L. 2011: Entire article added, (SB 11-191), ch. 197, p. 793, § 1, effective April 2, 2012.


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