March 27, 2022 - 9:02 am
Updated March 28, 2022 - 11:09 am
Q: Some of our unit owners are unhappy with our landscaping company — a common complaint in condo homeowners associations. They want more more workers on-site, though many owners don’t want higher dues. Some owners want access to proposals for landscape contracts before the contracts are executed.
Do unit owners outside the board of directors have the right to view contract proposals or bids? What about RFPs (requests for proposals)? Should non-board members have input on proposals and contracts, or are these matters solely the responsibility of the board and the management company?
A: The association board of directors have the authority to request bids and or proposals, review the bids at an open board meeting and select the vendor without homeowner review for approval.
Homeowners do have the right to request in writing a copy of the signed contracts. Since the proposals are association records, a homeowner could request a copy of them as well.
Many associations have standing committees or task forces that allow homeowners to participate in the selection process under the guidelines set by the board, as in interviewing companies and their services. These committees can make recommendations but realize the final decision remains with the board.
Q: Upon a closer review of our association’s bylaws I found that a copy of the agenda must be given out with the notice of an upcoming board meeting. My question is: Must the association comply with this or can it use Nevada Revised Statute 116.31083.5 to provide an agenda at a date closer to the meeting date.
Section 4.16 notice of meetings of board:
It shall be the duty of the secretary to send a notice of each meeting of the board to each director and each member of record. The notice shall be hand-delivered or sent by United States mail, postage prepaid to the lot address of the member or to other mailing address designated by the member, at least 10 days prior to the meeting. In an emergency, the secretary shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the lot address of each member or to any other mailing address designated by the member. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each lot within the project or posted in a prominent place or places within the common elements of the project. The notice shall state the purpose of the meeting as well as the day, hour and place that the meeting is to be held and must include a copy of the agenda. Except for civil actions commenced by the association to (a) enforce the payment of assessments, (b) enforce the declaration, bylaws or rules and regulations of the association, ( c) proceed with a counterclaim, or ( d) protect the health, safety and welfare of the members of the association, notice of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or at which action on an assessment is to be taken must be given.
A: In this case, your governing documents would supersede the NRS 116 statute.
Barbara Holland is an author and educator on real estate management. Questions may be sent to firstname.lastname@example.org.