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Several reasons why HOA would delay in opening entry gate

Q: I was party to a recent discussion about a friend’s homeowners association meeting procedures and unresolved issues at (a community) in Las Vegas.

During a recent HOA Zoom meeting, a question was asked about an entry gate, which was severely damaged by a car. It has been several weeks and the gate is still unrepaired and propped open allowing access to anyone 24 hours a day, making residents uncomfortable because they are paying for a secured property.

Inquiries have been made to the board, but have gone unanswered, and the management company cannot be reached. There have also been complaints about how the board manages the community in general, one of which is that at some meetings only two board members are present and rules are voted on and passed by the two members. Aside from attempting to vote the board out, is there an agency to contact about the board and management company’s mishandling and failure to respond to problems and inquiries?

In the recount of the meeting, it was also noted that one of the attendees was a renter, who was eventually cut off along with another owner after they brought up questions about the gate and other items. I stated that HOA meetings are only for owners, not renters. Another person said that the renter is a resident and therefore allowed to participate in the meetings. What is a general policy for renters and HOA meetings?

A: Starting with your easiest question: It is a board’s decision of whether it wants a renter to attend a board meeting or a homeowners meeting. Remember, renters are not members of the association.

The fact that the gate is still not repaired does not surprise me. There could be many reasons, from the availability of parts to unresolved issues between the insurance companies that represent the association and the car’s owner. What the board should be doing is to at least inform the homeowners why there is a delay.

There is a difference between how a board manages its association versus a board that ignores and violates its covenants, conditions and restrictions and Nevada Revised Statute 116. You may not like how the board manages the association, but that does not mean that the board is violating its governing documents or state laws.

Let’s take as an example a board that decided there was too much liability in opening up the swimming pool last year because of the pandemic restrictions and requirements. You may not have liked that managerial decision, but that decision would not necessarily be in violation of any laws.

In this case, the homeowners could recall the board, as state law does not require any reason to recall. The homeowners could elect new board members at their next election.

If the management of the association appears to be in violation of the laws — misappropriation of funds, for example — you would want to contact the Nevada Real Estate Division to file a formal complaint.

You did not state if the association was a three-person board or more? If the board only had two board members, while there should be three, the two board members would constitute a quorum, which would allow them to conduct board business.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

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