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HOA board member who sold home should resign

Q: I am a member of the board of directors in a common-interest community here in Southern Nevada. A few of the homeowners association board members recently engaged in a discussion about board members and homeownership requirements. One of the members believes, while it is true you can’t run for a board directorship if you’re not a homeowner, she was of the understanding that should you sell your home in the middle of your term, you can choose to remain on the board until the end of your service.

A: If you sell your home, you are no longer a member of the association. Consequently, you would not be able to serve on your board. The homeowner would need to resign.

Q: I have been a member of the board of an HOA for more then seven years. The manager has been here for almost one year. We have meetings of the HOA under the supervision an assigned administrator.

Before having those meetings, the management company, the board members are getting together in the house of the president and are discussing and establishing headlines for the best way to resolve the problems of the community. Those meetings are lasting one to two hours.

Unfortunately, I cannot have the possibility of participating in all of theses meetings at the president’s house, and when we have the “official” meeting, there are things/facts/problems already discussed and established that I am not aware. Many times, the meetings at the president’s house are lasting more then the official meeting at the management company.

My question for you is this: Are we allowed to have those meetings in the house of the president, meetings that are recorded by the president and in which decisions are made and the official meeting becomes a “secondary official meeting?”

A: Board decisions are to be made at an open board of directors meeting per Nevada Revised Statute 116.31083. Boards are allowed to have workshops, but no decisions are to be made at those workshops.

When the association has an official board meeting, according to the changes in the law from the 2017 legislative session, the board is to announce that a workshop or an executive meeting was held and then to address in a general manner the topics of the workshop or executive meeting.

Q: In a nutshell, what is the role of the community association board and the management company?

A: It’s important to clearly understand the roles of the community association board and your community management company. Knowing which body is responsible for what will help make sure objectives are met.

To help make this transparent plan work, remember:

1. The board sets the vision: Board members are the ones dedicating their free time and a considerable amount of effort to make their community a better place to live. Board members should provide the leadership and inspiration for their community.

2. Your management company helps put the board’s vision in motion: They are charged with assisting your board and turning your vision into a reality. They will have the expertise and experience to lay the groundwork for the overall strategy.

3. The board operates in an administrative capacity: Board members are often the authority on covenants, codes and regulations. With the committees you build, you will help your community stay true to the guidelines that keep it thriving and vibrant.

4. Your manager operates in an executive capacity: Enforcing association documents falls to your manager. You’re not getting paid for this!

5. The board should get specific about expectations and priorities: Be clear with your community manager about how you see their role and eliminate any potential misunderstandings from the start. Your manager is probably an excellent multitasker, but knowing what’s most important will help them tackle the most pressing issues first.

6. Your management company brings diverse skills to support the board and your community: They will come to meetings, lead meetings, post notices and file the minutes. They will conduct an inspection; leverage relationships with banks, insurance, maintenance, landscape and security companies; distribute financial statements; take late-night calls; and provide technology that allows residents, board members, committee members and staff to communicate.

At the end of the day, collaboration between boards and management companies is essential to the well-being of a community and its residents. By working together, you can maximize the potential of both organizations.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.

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