103°F
weather icon Mostly Clear

Homeowner complains about board, fee hike

Q: I have a homeowners associaiton where the dues jumped from $289 to $600 because they can’t get a master insurance policy. I need help on fighting this.

Also, how do I go about petitioning for the entire board removed with new members. The community doesn’t want this board anymore.

Any guidance, advice or help would be greatly appreciated. Thank you.

A: Nevada Revised Statute 116.3113 states that associations shall maintain, to the extent reasonably available and subject to reasonable deductibles, the following insurance coverages: property insurance on the common elements, commercial general liability insurance, crime insurance, directors and officers insurance. In the case of a building that contains units divided by horizontal or vertical boundaries, the insurance maintained, to the extent reasonably available, must include the units but not the improvements or betterments installed by the unit owners.

You do not provide information as to why the significant increase in their insurance premiums. Generally, such an increase pertains to multiple claims and increased liability.

As to the second part of the your email about recalling the board of directors.

To call for a special meeting of the homeowners, the owners must submit a petition signed by at least 10 percent or any lower percentage specified in the covenants, conditions and restrictions of the total number of voting members. Upon receiving the request for the meeting, after verifying the signers as owners in the association, the board shall set a date for the recall meeting not less than 15 days and not more than 60 days after the date the petition is received. (NRS 116.3108) and NRS 116.31036 (2)).

Under NRS 116.31036, removal of a board member or members, the law has two requirements. At least 35 percent of the total voting members of the association vote on the matter of the recall; and second that at least a majority of the votes cast approve the recall.

The secret written ballots must be sent not less than 15 days nor more than 60 days after the date the petition has been received.

The board shall set a date for the meeting to open and count the ballots not more than 15 days after the deadline for returning the secret written ballots and not later than 90 days after the date on which the petition was received.

Only the secret written ballots that are returned may be counted to determine the outcome.

Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

MOST READ
Don't miss the big stories. Like us on Facebook.
THE LATEST
Infighting splitting community into two segments

You will need the assistance of legal counsel to determine if the governing documents have a procedure that would allow a separation of the west-side homes from the east-side homes.

Big dog exceeds HOA’s pet guidelines

The issue is whether the new homeowner’s dog is covered under the Fair Housing Act (FHA) for emotional support animals for people with disabilities under Section 504, reasonable accommodations.

Can HOAs use drones to enforce regulations?

There are currently no Nevada Revised Statutes 116 laws pertaining to the use of drones within anassociation community.

A review of things that can get HOAs at a NRED hearing

This is part two of my coverage of what kind of allegations of violations the Nevada Real Estate Division has held commission hearings on.

A review of proposed laws that would affect HOAs

This is the second part of an ongoing series of columns addressing the bills before the Nevada Legislature that will affect homeowners associations.

Understand your legal obligations as HOA board member

Is your association or management company next to face Nevada Real Estate Division at a commission hearing? Here are some of the allegations or violations that were heard by the commission.

A look at proposed bills that would affect HOAs

Well, it’s time for the Nevada State Legislature to place into the bill hopper new laws that impact the homeowners association in our state. As of the publishing of this article we will not know which ones of the proposed bills will make it to the floor for both houses of our Legislature. Here are some of the proposed bills.

Corporate Transparency Act no longer in effect

This recent action is interpreted to mean the Corporate Transparency Act and its reporting requirements are no longer in effect for U.S. citizens or domestic reporting companies, including all applicable community associations.

MORE STORIES