Homeowner can write letter of complaint to HOA board

Q: Our board (sadly) only meets four times a year. And, the notion of prudent spending for reserve items seems dead on arrival as to our suggestions as local, on-property-resident observers.

As an attending homeowner to the Zoom meetings (our only method of board meetings), it is difficult for me to remember what occurred at the last open HOA meeting (three to four months ago) without timely preparation of notes (not the meeting agenda) from the previous meeting.

In the past, I have submitted topics to be included in the written agenda, but have been rebuffed by the board through the property manager assigned to our specific condo complex.

My topics were rejected for the published written agenda, but I was told that during the three-minute rule, I could raise the topic verbally during the course of the meeting, properly slotted for homeowner queries.

Did the board or property manager err in rejecting my reasonable and relevant topic suggestions for the written agenda?

Forcing me to raise agenda items, but doing so verbally under the three-minute max under homeowner forum, effectively allows the board to (1) not answer, (2) no comment, (3) brush it off, (4) have no discussion among themselves or (5) have historical recording in the written meeting notes.

I am asking for guidance from you here, as percolation from the bottom-upward rarely seems effective, given that some of our board members do not reside on property.

A: Under Nevada Revised Statutes 116.31087, the rights of an owner to have certain complaints placed on a board agenda, you would need to send a written letter to the board alleging that the board has violated a provision of NRS 116 or a provision in your governing documents. The written letter must explicitly state that you want the item(s) placed on the agenda at the next board meeting.

The board has 10 business days to acknowledge receipt of your complaint.

Please note that the law is explicit: There has to be an alleged violation.

Under NRS 116.31083 (6), your association is required to have two periods by which a homeowner can address the board, with the first homeowner period for comments only on those items listed on the agenda. This period is to be scheduled at the beginning of the meeting. The second period is to be scheduled at the end of the meeting at which time a homeowner can raise any issue.

During these two homeowner periods, a homeowner has the right to explicitly state that the minutes of the meeting reflect the homeowner’s comments. If the homeowner has written comments, the homeowner can submit their written comments to be included in the minutes.

Under NRS 116.31083 (10), the board may establish reasonable limitations on materials, remarks or other information to be included in the minutes.

Can the board simply acknowledge your comments or state that they will take it under advisement without having a board discussion? The answer is yes.

Ultimately, if you have an unresponsive board, your options are few — recall directors, elect new directors or, in some cases, file a complaint with NRED.

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.