A look at deadlines for HOA meeting notices

Note: This is the second column in a four-part series that 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.

Meeting notices

Meeting of the units’ owners: Nevada Revised Statutes 116.3108(3)

The notice to owners must state the time and place of the meeting and include a copy of the agenda with notification of the owners’ right to have a copy of the minutes or summary of the minutes provided upon request (in electronic format at no charge), or if the association is unable to provide a copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter.

Meeting of the executive board: NRS 116.31083(2)

Notice of an executive board meeting can be published in a newsletter or similar publication circulated to each unit owner. The notice must state the time and place of the meeting and include a copy of the agenda or the date on which and the locations where copies of the agenda may be conveniently obtained as well as notification of the owner’s right to have a copy of the audio recording, the minutes or summary of the minutes upon request in electronic format at no cost, or if unable to provide in electronic format to provide in paper format not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter.

Meeting in executive session: NRS 116.31083(3)

If the executive board holds a meeting limited exclusively to discussing a violation of the governing documents, including the failure to pay an assessment or the alleged failure of an owner to adhere to construction schedule, the association is required to give notice of the meeting only to a person who may be subject to a hearing scheduled for that meeting. If the executive meeting is limited exclusively to consulting with the attorney on privileged matters relating to proposed or pending litigation, or discussing the character, alleged misconduct, professional competence or physical or mental health of a community manager or an employee of the association, the association is to post notice in one or more prominent places within the community and provide electronic notice to all owners who have provided the association with an email address.

Meeting in emergencies: NRS 116.31083(4)

An emergency is defined as any occurrence that could not have been reasonably foreseen, or affects the health, welfare and safety of residents, or requires immediate attention of any possible action by the board and makes it impracticable to comply with the notice and agenda requirements. In an emergency, if practicable, a notice of the meeting is to be sent prepaid by U.S. mail to the mailing address of each unit in the community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the community or posted in a prominent place or places within the community.

Meeting regarding civil action: NRS 116-31088(1)

The association shall provide written notice to each unit’s owner of a meeting at which the commencement of a civil action is to be considered. This does not apply to civil action being commenced to enforce the payment of an assessment, to enforce the declaration, bylaws or rules of the association, to enforce a contract with a vendor or to proceed with a counterclaim or to protect the health, safety and welfare of the members of the association.

Meeting regarding an assessment for capital improvement: NRS 116.3115(9)

The association shall provide written notice to each unit’s owner of a meeting at which an assessment for a capital improvement is to be considered or action is to be taken on such an assessment.

Meeting for ratification of the budget: NRS 116.31141(3)

The board shall provide a summary of the proposed budget to each unit’s owner and shall set a date, not less than 14 days or more than 30 days after the mailing of the summaries, for a meeting of the units’ owners to consider ratification of the proposed budget.

Complaints on the agenda: NRS 116.31087(2)

The board or any authorized representative of the association shall acknowledge receipt of a unit owner’s complaint and notify the owner, that if he or she submits a written request that the subject of the complaint be placed on the next regularly scheduled meeting of the board, the subject of the complaint will be placed on the agenda.

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.