HOA boards need to keep up on new laws


Q: I understand it is now mandatory that homeowners association board members attend some classes yearly. Who offers them and is there a charge for it? Does the HOA pay for it, or does the board members pay?

A: There is no specific Nevada Revised Statutes 116 law that requires the association board of directors to attend yearly classes. NAC 116.405 (Nevada administrative codes set by the Commission for Common-Interest Communities and Condominium Hotels) states that one of the functions of a board member is to “keep informed of laws, regulations and developments relating to associations.” This regulation does not specifically state directors must attend yearly classes and, in many cases, boards learn from their community managers. Many management companies either offer miniseminars or recommend their boards attend some of the seminars managers attend.

In some ways, my Las Vegas Review-Journal real estate column probably performs much of those functions, with not only practical solutions but also providing information as to the laws and latest developments. Maybe we should ask the Nevada Real Estate Division to provide continuing education credits for reading my column, only kidding, Gail Anderson, administrator for the division.

Q: I am a the resident of a Reno HOA. A recall petition has been served under NRS 116.3103 to remove me from the board. Notwithstanding that, I feel the recall action is without merit. I have a few procedural questions on recall actions.

First, is it true that once a petition has been filed to remove someone from office that no petitioner can withdraw or rescind that document?

Second, should the petition lead to a recall election, am I, the target of the recall action, entitled to include a rebuttal letter to the recall election mailing? If so, who pays the printing costs?

The recall petition, although duly notarized, only has eight signatures on pages that include the preamble of the petitioner’s recall effort. While the entire petition has 60 names, 52 of the signatures are on pages without any preamble statement that are headed only with the statement, “Petition — Removal of Member of Executive Board.” The eight represent 5.1 percent of our 156 owners. Does that invalidate the recall petition?

A: Individual homeowners who signed the recall petition do have the right to remove their name from the petition. No individual homeowner has the right to withdraw the recall petition on behalf of the homeowners who have signed the petition. Enough homeowners would have to withdraw their name from the petition so that the petition did not have the minimum number of signers which is usually 10 percent of the homeowners.

Yes, you have the right for equal time to enclosed a rebuttal letter with the recall election meeting. If you submit a formal letter to rebut the recall, the opposition also has the right to include a letter of why you should be removed.

I always recommend that each page of the petition clearly states the purpose of the petition. You said subsequent pages do not have the preamble but does have a statement that this is a petition to remove a member of the board. Because of that heading on the subsequent pages I believe that the ombudsman office would consider the petition to be valid.

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 the Association Q&A, P.O. Box 7440, Las Vegas, Nev., 89125. Fax is 702-385-3759, email is support@hlrealty.com.

 

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