A NRED deadline reminder to HOA board members

Note: Over the coming weeks, my column will present various topics and deadlines that are required by the Nevada Real Estate Division. As managers and board members, please check your operating procedures to ensure that your policies and procedures are compliant. The following information is provided from the Nevada Real Estate Division with its permission.

Guide for notices

■ Changes to governing documents: Nevada Revised Statutes 116.12065 — The secretary or other officer specified in the bylaws shall prepare and cause to be delivered a copy of the change that was made within 30 days after the change was made.

■ Insurance unavailability: NRS 116.3113 (3) — If the insurance required by law is not reasonably available, the association shall cause notice of that fact to be promptly given to all owners.

■ Insurance cancellation: NRS 116.31133(3) — The insurer issuing the policy may not cancel or refuse to renew it until 30 days after the notice of the proposed cancellation or nonrenewal has been mailed to the association, each unit’s owner and each holder of a security interest to whom a certificate or memorandum of insurance has been issued at their last known addresses.

■ Budget: NRS116.31151(1) — The board shall prepare and distribute to each owner a copy of the budget for the daily operation of the association and the budget to provide adequate funding for the reserves. In lieu of distributing copies of the budgets, the board may distribute a summary, accompanied by a written notice that the budgets are available for review, and copies of the budgets will be provided upon request. The budgets are to be sent 30 to 60 days before the beginning of the fiscal year of the association unless the declaration imposes more stringent standards.

Election notices

■ Nomination forms: NRS116-31034(4) — The secretary or other officer specified in the bylaws shall cause notice to be given to each unit’s owner’s eligibility to serve as a member of the board not less than 30 days before the preparation of a ballot. In the event ballots are not prepared and mailed, the association shall distribute the candidate disclosures to each member of the association in the next regular mailing of the association.

■ Ballots: NRS116.31034(15) — If at the closing period for nominations, the number of candidates is greater than the number of vacancies, the association shall prepare and mail ballots with candidate disclosures to each member of the association. The secretary or other officer specified in the bylaws shall cause a secret ballot or electronic ballot to be provided to each unit’s owner. If a paper ballot is provided, the association shall send the ballot and a return envelope to be sent prepared by U.S. mail to the mailing address of each unit within the association or to any other mailing address designated in writing by the unit’s owner.

If an electronic ballot is provided, the ballot shall be made available by electronic means to each unit’s owner. Each unit’s owner must be provided with at least 15 days after the date the secret ballot is mailed, provided or made available to the unit’s owner to return the secret ballot to the association by physical or electronic means.

■ Removal election: NRS 116.31036 — Ballots must be sent not less than 15 days or more than 60 days after the date on which the recall petition is received. The secret ballots for the removal election must be mailed, or made available in the manner required by electronic means not less than 15 days or more than 60 days after the date on which the petition is received. The meeting to open and count the secret ballots is to be held not more than 15 days after the deadline for returning the secret ballots by physical or electronic means and not later than 90 days after the date on which the petition is received.

Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.