HOA should release list of board candidates

Q: My HOA board has decided to have electronic balloting, (vote via email) which I applaud since it is cheaper to run elections and easier for owners to vote. However, filing for our next board election just closed Aug. 1, and the board is refusing to release a list of filed candidates. The secretary of our board (the election officer per Nevada Revised Statutes 116) probably is running. As I understand it, any owner can request information not protected by executive session, and a list of candidates does not qualify. Not releasing the list now can give other candidates an unfair advantage because nobody would know who the candidates are until the ballots are issued. This seriously hurts the democratic process, which involves competition and opposition research, since background checks are not required by Nevada Real Estate Division to become a candidate. If the HOA model is to work, we must have free and fair elections for board members without any hanky panky. Your thoughts?

A: Under NRS 116.31034, it is not required that an association provide a list of the candidates prior to the sending of the ballots. Often this information can be found in the meeting minutes as part of the election update. The board should release this information as it is not considered confidential.

Q: Good morning. I have a friend who is having problems with her homeowners association. I have attached the notice letter and I am asking for your thoughts and analysis. How should she handle this matter?

In short: She repainted her home without seeking HOA approval before beginning the work. The house was painted in the exact same color that it originally was.

She is suffering from Stage 3 cancer, so I offered to assist her. I know that you will give us guidance.

Thank you in advance.

A: According to the notice, your friend needs to complete the architectural application and send it to the association. She needs to note that the paint color was the original.

Q: When our HOA mailed the 2025 budget documents, an old version of our Collections Policy was included. It has much lower fees, for example, for late payments. Does mailing the old document mean we have to follow that schedule of fees until the HOA is notified again? Or can we still follow the more recent policy, approved and distributed to HOA members in 2023? We have collected late fees this year following the new, higher, fee schedule.

A: Technically, the association needs to send the current version of the collection costs and fees to homeowners.

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.