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Homeowner wants to recall board; fire manager

Q: I read your articles in the Las Vegas Review-Journal.

I am in a homeowners association and we are trying to recall our entire board. We are also wanting the management company gone and are in the process of removing it.

We have so many issues on our property from mismanagement of funds, election interference and voter fraud.

We have been to the Ombudsman office and reported the problem and got nowhere.

Quite frankly, when they were told what management company we had it was like they did not want to help us.

Your insight is greatly appreciated.

A: Under Nevada Revised Statutes 116.3108 (2), you would need a signed petition by at least 10 percent of your homeowners calling for a recall meeting. Your governing documents may allow you to have less than 10 percent of the owners, so check them first. The petition should include the addresses of the homes within the association, the printed name, signature and date of signature. The petition should explicitly state the purpose of the meeting is to recall the directors, which should be named. The petition should be sent to the management company and or the secretary of the association. If mailed, return receipt requested or it can be served by a process server to the board and to the management company.

Under NRS 116.31036 (2a-1 and 2a-2), when the association receives the petition, the secret written ballots for the removal election must be sent to the homeowners, not less than 15 days and not more than 60 days after the date which the petition is received. The board shall set the date for the meeting to open and count the secret written ballots so that the meeting is held not more than 15 days after the deadline for returning the secret written ballots and not later than 90 days after the date that the petition was received.

According to section 1 of this law, in order to remove a director, the number of votes cast in favor of the 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 that removal election. If your recall fails to achieve either of the two requirements, the recall will fail.

One other point should be made. Who will take their places if the recall is successful? You will need to find homeowners who would be ready to serve if elected to the board as a result of a successful recall of the existing directors.

Barbara Holland, CPM is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.

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