Can't we in the HOA all just get along?


Q: Our homeowners association meetings have turned into a three-ring circus. We have one homeowner, who is apparently mentally unstable, who shows up at board meetings and makes unfounded allegations against the board and the management company and threats against individual board members. Many homeowners have quit attending the meetings because of his disruptive theatrics. Can such an individual be barred from attending future meetings?

A: Many communities have had this problem. Below, I have included what one association added to its community rules to address a similar situation. It states that a homeowner can be suspended from attending board meetings.

Note, before any HOA includes this rule in its regulations, I highly advise you to have your legal counsel review the issue and the language as he or she may wish to make changes or even advise you not to adopt such a rule.

"The board of directors has the right to establish and enforce reasonable limitations and restrictions on the manner in which members of the association may participate in meetings of the association in order to maintain proper decorum during the meetings of the association.

In addition to the restrictions and limitations recognized in Robert's Rules of Order, the board of directors shall have the right to impose restrictions and/or limitations and fines on members of the association who engage in disruptive behavior during meetings of the association, including but not limited to, speaking out of order, use of profanity, yelling and/or otherwise being loud and boisterous, etc.

"In the event a member of the association engages in such disruptive behavior during a meeting of the association, the member of the association will be issued a warning letter the first time the member engages in such conduct. Should the member engage in such disruptive behavior a second time, the member may be fined and/or suspended from one meeting by the association depending on the nature, severity and flagrancy of the conduct.

Should the member engage in such disruptive behavior a third time, the member may be fined and/or suspended from two or more meetings by the association depending on the nature, severity and flagrancy of the conduct."

Q: One of our main buildings has a serious black mold problem from some flooding not covered by insurance. The remediation is serious, about $25,000.

It is my opinion based upon Nevada Revised Statutes 116.3115 that this amount should be taken from our reserve funds. It is not a planned problem, nor is it regular maintenance or operations.

The building is covered under reserves although not specifically for flooding or mold. Another board member disagrees.

A: We need to break down the expenditures. If some of the personal property was damaged, such as the carpet or tile, etc.,  those expenses should be covered under your reserve study. 

If they are in the reserve study, then the reserves should pay for the repairs and or replacement. Walls and ceilings are part of the physical property and would be an item covered in reserves. The cost to stop the water from leaking into the property or the cost to clean the mess/debris or the mold remediation, these expense would come from the operating account or a contingency account (one established for emergencies).

NOTE: The state Office of the Ombudsman has scheduled several free HOA classes in October. Some that are being held in the area are: Reserve Studies, 10 a.m. to noon Oct. 4, Bradley Building, 2501 E. Sahara Ave.; CC&R Violations, Fines and Collections, 4:30 to 6:30 p.m. Oct. 9, Clark County Library, 1401 E. Flamingo Road; and Overview of HOA Living, 4:30 to 6:30 p.m. Oct. 10, Spring Valley Library, 4280 S. Jones Blvd.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com. Holland is also available to speak at your organization or company.

 

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