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.
January 16, 2023 - 8:49 am
Q: We are still waiting for a homeowners association meeting to be held so our violation issues can be heard. They actually changed the meeting location the last minute via email from the main office to a satellite office. We showed up but nobody else did. We figured the only other thing we can do is submit a petition to recall all three board members. We have a total of 62 homes in our association.
Reading a question you previously answered for somebody else in regards to recall elections. It was my understanding that with a total of 62 voting HOA homeowners. At least 35 percent need to cast a vote. Which would be at least 22 homeowners. Of that 22 homeowners more than half need to vote in favor of the recall. More than half of 22 would be 12. Is this correct? I’ve attached the email we received telling us this is wrong.
Thanks for your help. Hopefully soon these board members will finally be removed. There is already three new homeowners on my street ready to nominate themselves to fill the vacancies.
A: Per Nevada Revised Statutes 116.31036, not withstanding any provision of the covenants, conditions and restrictions or bylaws to the contrary, any board member may be 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.
Your computation is correct as to the number of owners who need to cast their votes. If the association meets that first requirement, the second is that 51 percent would need to vote in favor of the recall.
Q: I have been reading your posts in the Las Vegas Review-Journal on HOA rules and regulations and I have a few questions. I found out recently that our HOA fee is going up $5 and I found that out via a newsletter. They never said anything on the agenda on a vote to increase the assessment. Also, they sent out election mail in August for new board members, but I haven’t heard the first thing about the date or time of the election. The unit owners meeting was a week ago, no information on the agenda about a vote either. It did say vote to ratify the budget, but failed to inform us of a rate increase. I have been trying to get meeting minutes and/or audio recordings from the meetings but the community manager is not responding. What do i need to do here?
A: You should review your bylaws, which should have a section concerning the budget and the procedures for increasing assessments. Some governing documents state that the board can increase assessments by a certain amount without homeowner vote. The state law does require a budget ratification meeting whereby homeowners can either ratify or reject the budget. You should have received some ratification notice along with a copy of the proposed budget.
I have been informing other readers who are questioning increases in their assessments that you can expect them. The cost to operate associations has been increasing and many associations have not increased their assessments for some time.
You are entitled to obtain copies of the board minutes and audio recordings. You do need to request these records in writing. If your community manager is not responding to your request, you should contact the management company and speak with the supervisor for your community. If you still do not receive these records, you can contact the Nevada Real Estate Division and speak to a representative at their Ombudsman Office.
NOTE: I will be teaching a seminar on association management, specifically addressing the role of the board of directors. The seminar will be held Feb. 8 at noon at the office of Marquis &Aurbach, 10001 Park Drive. Space is limited. If you are interested in attending, email me at firstname.lastname@example.org. Please include the name of your association and the directors who would like to attend.
Barbara Holland is an author and educator on real estate management. Questions may be sent to email@example.com.