weather icon Clear
RJ App
Vegas News, Alerts, ePaper

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.

Don't miss the big stories. Like us on Facebook.
How will higher water rates affect HOAs?

The tier equalization and excessive use charge do not apply to homeowner’s associations, which are billed the non-residential water rate within the LVVWD’s service area and typically have separate water meters to serve neighborhood parks and common areas.

New HOA president trys to set record straight

If the association followed the procedures as outlined by your governing documents, the amendment to change 10 lots to eight lots would be legal.

Homeowner says HOA assessments unfair

There are many associations where the homeowner assessment is the same for all units, regardless of size.

Removing board member may not stop the harassment

Ultimately removing this director from the board may be your final solution. One caveat, removing him from the board would not necessarily stop the harassment as he could continue to harass as a homeowner.

Homeowner vs HOA over backyard work

If the board was aware of the construction for over a year and never had taken any action against your friend, the board may find that they will have a legal issue in trying to enforce their regulations.

Condo renter parking motorcycle in unit

You have a couple of options. Try the management company, even if you have to make an appointment. Contact code enforcement with the county and see if they can assist you.

Law does not address online HOA meetings

There are many advantages and disadvantages of having a combination meeting — those present and those online. Until associations invest money to provide a better virtual system, homeowners can continue to expect various difficulties in hearing and seeing the participants at the board meetings.

Since COVID HOA refuses to hold regular meetings

The board has a legal obligation to hold meetings at least once every quarter and not less than once every 100 days per Nevada Revised Statute 116.31083.

Homeowner wants to recall entire HOA board

State law supports board members being removed with or without cause if a removal election is held and the number of votes cast in favor of removal constitutes at least 35 percent of the total number of voting members of the association and at least a majority of all votes cast in the removal election.