Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present, in person, by proxy or by ballot, and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, except that:
(a) The unit owners may consider the question of whether to remove a member of the executive board either:
(b) At any meeting at which a vote to remove a member of the executive board is to be taken, the executive board shall provide a reasonable opportunity to speak before the vote to all persons favoring and opposing removal of that member, including without limitation the member being considered for removal.
(c) If a special meeting is called for the purpose of removing a member of the executive board, then the following rules apply, whether or not a quorum is present at that meeting in person or by proxy:
(1) After all persons present at the meeting have been given a reasonable opportunity to speak, the meeting shall be recessed for a period calculated in the manner described in paragraph (c)(2) of this section below.
(2) Promptly following the recess, the association shall notify all unit owners of the recessed meeting and inform the unit owners of their opportunity to cast votes either in favor or against removal during the 30-day period following the day that the notice is sent.
(3) The notice sent to unit owners shall specifically inform them of their right to cast votes either in a secret written ballot, on a form provided to the unit owners or by electronic means according to instructions contained in that notice.
(d) Whether a vote under subsection (c) of this section is taken before or after a recess, and whether or not taken by electronic means, a member of the executive board may be removed only if the number of votes cast in favor of removal:
Structure Delaware Code
Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
Subchapter III. Management of the Common Interest Community
§ 81-301. Organization of unit owners' association.
§ 81-302. Powers of unit owners' association.
§ 81-303. Executive board members and officers.
§ 81-304. Transfer of special declarant rights.
§ 81-305. Termination of contracts and leases of declarant.
§ 81-307. Upkeep of common interest community.
§ 81-308. Unit owner meetings.
§ 81-308A. Executive board meeting.
§ 81-311. Tort and contract liability; tolling of limitation period.
§ 81-312. Conveyance or encumbrance of common elements.
§ 81-315. Assessments for common expenses.
§ 81-316. Lien for assessments.
§ 81-318. Association records.
§ 81-319. Association as trustee.
§ 81-321. Litigation involving declarant.
§ 81-323. Removal of members of executive board.