Recall for HOA board members, officers different


Q: A board member has threatened me with putting my removal on the meeting's agenda if (I do not step) down. Which agenda? If he means the executive agenda, then do I have the option of placing it on the public agenda?

He has not (stated) the charges. I have not violated any statutes, nor have I done anything but uphold the covenants, conditions and restrictions and the rules of our community.

We are small, 85-unit complex. How many owners are needed for a petition? How many are needed if it goes to secret ballot?

A: Currently, the law is the same when it comes to removing HOA officers who are elected by the board of directors. If a board member wants to remove you as an officer, it must be done at an open board meeting. Only homeowners can remove a director from the board. So, even if you were removed as the president of the association, you would still remain on the board as a director.

To remove an officer, a board member does not have to show cause. It could be simply that one board member does not like the other.

The laws addressing the removal of an HOA director have been changed. NRS 116.31035 was modified in 2011. The Legislature keeps changing the recall process, literally every session. They just can't seem to get this procedure right.

To remove a director from the board, a petition for a recall election would require at least 10 percent (or any lower percentage specified in the bylaws of the association) of the membership to start the process.

A director may be removed with or without cause if, at a removal election, the number of votes cast in favor of removal constitutes at least 35 percent of the total number of voting members, and at least a majority of all votes cast in that removal election. The recall election, itself, is similar to the election process as secret ballots are required.

Q: While researching information on HOAs towing vehicles, I came across your Aug. 29, 2009, article posted on lvrj.com. You said an association must post written notice at least 48 hours before towing a vehicle. You cite NRS 487.038 and NRS 116 subsection 1s. I searched for both these citations at http://search.leg.state.nv.us/NRS/NRS.html. NRS 487.038 doesn't say anything about the 48-hour notice, and I couldn't find subsection 1s of NRS 116.

Your article addresses the precise issue I am having with my HOA. It would be helpful if I had the relevant statute with me when I address the issue.

A: NRS 116.3102 subsection, (1s) states "if a vehicle is improperly parked, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle unless the vehicle is blocking a fire hydrant, fire lane or parking space designated for the handicapped or poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the community."

NRS 487.038 says: "1. the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard."

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.