January 20, 2023 - 12:23 pm
Updated January 20, 2023 - 2:05 pm
Q: There are some issues with our management company that need to be resolved.
1. We have not had a regular meeting since COVID hit. Everything since then has been virtual. By now we should be back in regular session but calls to management fall on deaf ears. Calls to complain either get no response or “not enough people have complained” or “the board is afraid of getting COVID.”
One of the residents talked to a board member about it. Her response was “the management doesn’t want to sit and listen for an hour as attendees complain.”
2. In October, we were to have our yearly meeting for election of new board members. That too was virtual and no one knows who was elected.
3. There was a tree that was blown down at Building 14 two years ago and it has never been replaced, although the company came in here in the spring and replaced 73 trees. In order to replace them they first had to remove the ones (that were already there). Yet the missing tree has not been replaced.
Do you have any suggestions that we homeowners can do? The board seems to be manipulated by the management company.
A: Let me answer your questions in order.
1. 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. There are associations that are still maintaining some of the COVID regulations, either requiring masks at meetings or holding meetings virtually. It is a board decision.
The procedure that is used by many associations during the homeowner forums is to limit each owner three minutes to address the board. This same procedure should be used by allowing those participating virtually to address the board.
2. Where the counting of the ballots was online, the owners should have been able to watch the counters. This could have been easily done. In addition, there should have been an announcement as to the vote and as to the winners of the election. Not to perform a transparent election would be in violation of state law.
3. You would need to address this matter during the open forum at your board meeting and ask why the tree was not replaced. There could be a legitimate reason for not replacing the tree, especially when so many other trees were replaced.
Management companies through their community managers can provide invaluable information to their boards. Boards select their management companies. To change management companies would require a board vote. You may want to consider becoming a board candidate.
NOTE: I am teaching a seminar on association management, specifically addressing the role of the board of directors. The seminar will be held Feb. 8 at noon in the office of Marquis Aurbach at 10001 Park Drive. Space is limited. If you are interested in attending, please email me at email@example.com. 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 firstname.lastname@example.org.