Boards can establish time limits on voting on amendments

Q: I believe you were not correct, or at least incomplete, in the answer you provided in your column of Nov. 6 to the homeowner who inquired about approval of an amendment to his or her declaration.

The homeowner stated his or her board voted at a properly noticed board meeting to allow three weeks for return of the ballots.

Then the board took another vote by e-mail to extend the time to five months. This is not permitted according to the Nevada Real Estate Division (The reader attached a separate document to include the salient parts of a letter of instruction from the NRED specifically) stating the board making decisions for the association by e-mail is not allowed. The homeowner inquired specifically about this point.

While there is no time limit on how much time is to be allowed for a vote to amend the declaration, the board cannot change the time approved at a proper meeting to some other time via e-mail.

As a service to that homeowner and all others who read you column you should have made that clear.

Further the homeowner stated "board members said the management company told the board the ombudsman's office and our homeowners association attorney said it was OK to do this." First it is not likely the ombudsman's office said anything of the kind because of its official position (the reader sent me more information about the ombudsman's office).

Secondly, under NRS116A.640, section 6 the community manager cannot establish an attorney-client relationship with the HOA attorney such as to request or receive legal advice concerning association business. I hope you will take action to help your readers to understand these important points.

A: You are correct, the response could have been more complete. The main point that the article was making is that in most governing documents, there is no time limit, in the approving or disapproving of a proposed amendment -- except that time limit, which is established by the board.

As to your comment pertaining to NRS 116A.640 subsection 6, I do not agree with your interpretation of the law. What it says is that the attorney that represents the management company cannot be the attorney that represents the association. In any given day, community managers do contact associations' legal counsels for advice on behalf of their associations on questions of law, policy or procedures.

Thanks for taking the time to send your e-mail to me.

Q: Property in our homeowners association was purchased last month at auction and it was bought by a corporation. The board took over a real estate packet to a home in the community and a man introduced himself as the homeowner. At the time, he was repainting and remodeling the inside of the home.

However, the original homeowner is still listed on the property at the recorder's office. The man who identified himself as the homeowner informed us his name will be recorded in the recorder's office within days.

Since then, we found out he bought the property from default services. We wrote a letter breaking down the nine months of assessment fees due and our regular November assessment. We gave a due date to pay the money that is due on the lien which is in place on this property. We understand a buyer has three days to record and is given the paperwork to record with the recorder's office.

What agency should we contact about this matter?

A: If I understand your question, your association should follow its normal delinquency and foreclosure procedures and policies.

If the new owner does not pay the nine months of assessments, you would need to send a formal delinquency letter. If payment is not made, then you would, depending upon how many warning letters your association sends, begin foreclosure process against the homeowner with whatever collection company your association uses.

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.