Bullies should not be tolerated in HOA meetings

Q: I’ve been on our HOA board for a number of years. At a recent meeting, one of the homeowners started to yell at me. We have five members on the board but at the time of the meeting, we only had three positions filled. A motion was made and this homeowner made horrible remarks. He kept shouting and pounding on a table. He thought that the board was illegally voting on the motion because we only had three board members. He came across the table. He did not hurt me but I was scared. Our management representative and other board members tried to intervene and we tried to keep the meeting moving but he wouldn’t stop. What should we have done?

A: The moment that anyone, be it a homeowner or a board member, acts in a most disrespectful and possibly harmful manner, the meeting needs to be either recessed or adjourned. If recessed, the board and the community manager can try to settle down the member; if this fails, then the meeting needs to be adjourned.

A warning letter should have been sent to the member by the association’s legal counsel. The letter should have stated that if he continues to conduct themselves in such a manner he would no longer be able to attend board meetings for some period of time.

If necessary, the board could have security at the next couple of meetings to insure that the meetings are being properly conducted.

NRS 116. 31184 which was passed in 2013 pertains to threats, harassment and conduct that causes harm or serious emotional distress or reasonable apprehension that creates a hostile environment. A person who violates the provisions of this law is guilty of a misdemeanor. The law applies to anyone, not just board members or community managers but homeowners, tenants, etc. To enforce this law, a police report needs to be submitted.

Homeowners who feel threated are not so anxious to file a police report because of perceived retribution from the member who is already harassing them. Bullies work on the assumption that others will not take any action. The final decision rests with the board.

Q: I purchased a condo in 2012. I received a notice from the homeowners association board that I had an unapproved security door.

I sent an appeal for a waiver as the door had been previously approved in 2009 or 2010. I was scheduled for a meeting with the board but no one was there but me and the property manager.

She did put a member of the board on speaker phone. He had no idea about what the objection to the door was. The manager told him that the door had been approved by a previous board and she had seen a copy of the approval letter.

He said they (missing board members) must have had a reason and that is why they aren’t charging me for taking the current one down. So my question is, can they override the approval?

As a side note, they attempted to remove it a week before my formal appeal hearing. I have never had an HOA before and find your column a great help.

A: Apparently a previous board had approved the security door and apparently your community manager was also aware of it as she had seen the approval letter. Your association should just move on and note for the records that the security door was approved.

Here is the problem: If future boards can override approved architectural letters, then an approval letter from an association would have no value, no protection for the current and/or future homeowners; at any time, some board could override the past approval. This can be a hard pill for an association to swallow, especially, if your home was painted hot pink (and approved) and all of the other homes were painted beige.

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 the Association Q&A, P.O. Box 80360, Las Vegas, NV 89180. Fax is 702-385-3759, email is support@hlrealty.com.