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Homeowner says HOA president is ‘off the rails’

Q: Our HOA president has gone a little off the rails. This month, she installed landscaping lights on a stretch of common HOA property that happens to be in front of her yard and plugged them into HOA power without board or HOA approval. Several torch-and-pitchfork-wielding neighbors who like the lights — and enjoy the board president’s lovely cocktail parties — are claiming this is no big deal. Is it?

PS: I assume you keep all emails anonymous, but may I please request anonymity just in case. Our president is big on retribution, too.

A: Decisions that impact the association need to be approved by the board of directors. Your board needs to discuss protocol with the president and each director.

Q: What is usually required to change CC&Rs? Ours have been in effect for 50 years

A: Please review the amendment procedure in your CC&Rs, which would allow you to make changes subject to the homeowner approval. Some changes are considered “material changes,” which would also need approval by the lenders. Changes in Nevada Revised Statute 116 allow a process for the membership to change their CC&Rs even if the association did not receive any responses from the lenders.

Q: There seems to be enough ambiguity concerning this simple issue to make its potential outcome very disturbing.

If an HOA’s bylaws state that its board of directors may remove a board member for missing three consecutive unexcused board meetings, does the board have the authority to remove that member from the board entirely or only as an officer? How does NRS 116 support or refute such an action?

A: NRS 116.31036 pertains to the removal of a member of the executive board. Only homeowners can remove a director from the board. The board can only vote to remove a director as an officer and select another director to serve in that position.

NOTE: Here are some upcoming classes offered by the state Real Estate Division. To register online, visit www.red.nv.gov. All classes are held at Nevada State Business Center, 3300 W. Sahara Ave., fourth floor, Nevada Room. All two-hour classes are held from 1:30-3:30 p.m.

■ Jan. 27 — Fiduciary Duty

■ Feb. 3 — 2019 Legislative Updates

■ Feb. 10 — Understanding CIC/HOA Meetings

■ Feb. 24 — Robert’s Rules of Order in a CIC/HOA

■ March 9 — Understanding CIC/HOA Record Keeping

■ March 23 — Sale of a Unit in a Common-Interest Community

■ March 30 — Governing Documents vs. NRS 116

Barbara Holland is a certified property manager (CPM) 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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