No laws require HOA to have emergency operation manual

Q: Is a condo HOA required to have written rules and procedures for handling emergencies such as fire, water, etc.

We live in a 359-unit condo community. We had a fire emergency (recently). Clark County Fire Department responded.

Luckily no one was hurt.

Should our condo have written rules in such a situation?

A: Other than displaying exit signs or signs limiting the number of people in a room, there are no NRS 116 laws requiring an association to have an emergency operation manual.

Is it beneficial to have an emergency manual, absolutely. Having fire drills with the staff and or residents provide opportunities to avoid tragedies. For other major events pertaining to water, flooding or electrical issues, knowing what to do and what vendors need to be contacted, along with ambulance and hospital information, are important components in an emergency operation manual.

Q: Recently a complaint was filed by one resident against another for a code of conduct violation which involved one resident threatening the other with physical harm and was witnessed by two other residents. Seven weeks after the complaint was filed, the HOA board held a hearing and listened to each parties version of the incident. Is the HOA board required to advise the complainant of the outcome of the hearing along with what if any actions were taken? The board states they do not have to provide any feedback to plaintiff or defendant unless of course action was taken towards the defendant.

A: Under NRS 116.31086 (4d), the alleged violator is entitled to receive written notice of the decision regarding the alleged violation within a reasonable time after the decision is made.

The law does not mandate the notice. If the alleged violator requests a copy, then the board must comply. The law does not include the homeowner who filed the complaint.

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.