Board has to give notice of meetings

Q: If homeowners in an association are not given proper notice of a meeting according to NRS 116, is the meeting legal? If the homeowners are not allowed to speak at this or any meeting according to NRS 116, is it actually a legal meeting? If the meeting is not legal, is any business conducted by the board at such meeting valid or null and void?

A: NRS 116.3108 subsection 3 states that the secretary and other officers should announce a meeting not less than 15 days or more than 60 days in advance of the event. Unit owners should be notified by hand-delivered announcements or prepaid U.S. mailings to the address of each unit or to any other mailing address designated in writing or by electronic mail by the unit owner.

The notice of the meeting must state the time and place and include a copy of the agenda. It must include notification of the right of an owner to have a copy (which may cost a fee) of the minutes or a summary. The announcement also must include the right of an owner to speak to the association or the board unless the board is in executive session.

NRS 116.31151 subsection 3 states that within 60 days of the adoption of a proposed budget, the board shall set a date of the meeting of the owners for the purpose of the ratification of the budget not less than 14 days or more than 30 days after the mailing of the budget summaries.

NRS 116.31083 requires the association board to meet at least once every 90 days and to notice the membership not less than 10 days before the meeting date.

The notice must state the date and time and place of the meeting and include a copy of the agenda, or the date and the locations where copies of the agenda may be obtained by the owners.

In an emergency, if practicable, the membership is to be mailed notice. If the delivery of the notice is impracticable by mail, the notice must be hand-delivered to each unit within the community or posted in a prominent place or places within the community.

Emergency is defined in NRS 116.3108 subsection 12 as any occurrence that could not have been reasonably foreseen and affects the health, welfare or and safety of the owners or residents of the community. Emergencies must require the immediate attention of and possible action by the board.

The Ombudsman Office is quite concerned about this issue. Proper notice is to be given to the homeowners as to the meeting of the owners, such as the annual meeting, budget ratification meeting as well as to the regular board meetings.

If a dispute should occur as to whether an action was properly taken by an association board that involved whether proper notice was given or not given to the members, the association board would find out quickly that their action was invalid. The Ombudsman Office would require the action to be voted upon again with proper notification of the homeowners.

The association is to designate a time period at the very beginning of the meeting (unless there is an emergency) devoted to the homeowners who can address the board.

The association can establish its own procedures, such as time limits. Many associations note this period of time as the homeowner forum in their agendas. Once the homeowner period is concluded, the board is to then conduct its business at which time the association members do not have the right to speak, participate in the discussion or vote. If the meeting is not a board meeting, but is a homeowners' meeting then the members are entitled to speak on issues and vote.

It should be noted that the right to speak comes with responsibilities. Homeowners need to understand basic parliamentary rules, such as speaking on the topic of the agenda item. Inappropriate behavior should not be tolerated and the board does have the right to ask people to either settle down or leave.

In addressing issues, the homeowner is to address the board and not conduct personal exchanges between other homeowners which usually end with fights and arguments.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q.&A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759, or she can be reached by e-mail at support@hlrealty.com.