Board can mail 30-day notice or ballots in elections

Q: You have provided readers with an incorrect answer in your Feb. 13 column.

You have referenced NRS116.31034 subsection 5 and advised that boards have no choice when the number of candidates running is equal to or less than the number of seats.

You have actually quoted subsection 6, which applies if the board has made the decision for which it does have a choice as referenced in subsection 5.

Please re-read the statute in its entirety and you will see that if the board should decide (before notices are mailed asking for candidates) that if the number running is equal or less than the number of seats, then it can send the 30-day notice or ballots.

If the board opts to send the notice, then it shall comply with subsection 6 which provides that the 30-day notice be given.

I hope you will clarify this misinformation in an upcoming column.

A: In the article of last week pertaining to the election of directors, it stated that the association does not have choice when the number of candidates running is equal to or less than the number of seats.

The association does have a choice if the number of candidates who are running is equal to or less than the number of seats. The association can either send one final 30-day notice to the homeowners to see if there are any other interested members who want their names to be placed on the ballots or the association can send out ballots with the enclosed envelopes for their members to vote on director positions even though the number of candidates are equal or less than the number of vacated positions.

If no one responds to the final 30-day notice, then no ballots are required and the candidates are elected by acclamation. There are costs saved to the association if they choose to send out the 30-day final notice as opposed to the sending of ballots and postage-paid enclosed envelopes.

Thanks to the reader who caught this error.

Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com. To view a power point presentation of the new laws that were recently passed affecting HOAs, visit hlrealty.com, click on press release button on the left side, then click on article title, "The 2009 Legislation for common interest communities."