Gate codes are too freely given to everyone

Q: I am very troubled that my homeowners association refuses to give out the gate code to the residents. Since I am a senior citizen and have health issues, I would feel more secure if my children had this information in case of an emergency. Is this even legal for them to do?

Also, it is apparent that several residents do have the gate code because they are friends of the officers.

How can I resolve this issue? I have seen so many problems on television, and don't want to become a victim of the HOA.

A: In these days, security, or the perception of security, is a hot topic. For associations, the unfortunate reality is that residents freely provide gate codes to nonresidents, which defeats the purpose of having a gated community. Also, with so many owners vacating homes and so many new owners moving into these homes, too many former owners have the gate codes.

So what are the alternatives?

An association can change codes monthly, though that's not very practical. An association can pass a policy that calls for the homeowners and community residents to purchase gate clickers, instead of providing gate codes. Again there are problems with this alternative because of former owners keeping their gate clickers.

If your gate system allows, associations should provide each homeowner his own gate code which can be terminated when that homeowner leaves the community.

You need to have the board explore this option. Otherwise, you will need to buy additional gate clickers.

Q: I was recently elected to serve on our HOA board. When I first joined the board, I set out to do a fabulous job, however, I seem to be obstructed by board members who do nothing, and have relinquished all responsibility and control of our community and our community club house to an association management company.

Our community has 488 homes. If we read point 2 of Nevada Revised Statutes 116.31036 correctly, can you confirm that this would mean our recall petition would need a minimal of 49 signatures?

It seems a removal election may be called by units' owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association.

To call a removal election, the units' owners must submit a written petition, which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection, and which is mailed, return receipt requested, or served by a process server to the association's executive board or community manager.

A: The recall process has two steps.

■ First, you will need at least 35 percent of your homeowners to cast a secret written ballot, or 171 ballots.

■ Second, you would then need a majority of the 171 votes, or 87 votes to recall the director(s).

If you received 250 ballots, you would need 126 votes to recall a director. If you fail to receive the 35 percent, the recall movement would fail, right then and there.

Note: The Las Vegas chapter of the Institute of Real Estate Management will hold a 2013 Southern Nevada economic forecast from 8 to 11 a.m. Jan. 9 at the MGM Grand Conference Center's Premier Ballroom. Registration is at 7:30 a.m.

Preregistration cost is $55 per person (breakfast will be served), $500 for tables of 10 (includes preferential seating). There is an additional $15 charge for registrations made after Friday , and at-the-door admittance.

Registration is open on institute's website at www.lasvegasirem.org/irem/January2013ForecastEvent.

Nevada Public Radio President and General Manager Flo Rogers will moderate the panel discussion.

The panel of speakers includes Applied Analysis principal Jeremy Aguero; Bank of Nevada President and Chief Operating Officer John Guedry; John Hill, executive director, Southern Nevada Regional Housing Authority, Accredited Management Organization; John Knott, executive managing director and global head of gaming, Newmark Grubb Knight Frank; Christopher Ludeman, president of capital markets, CBRE, NY; Las Vegas Regional Economic Development Council President and CEO Tom Skancke; and Jim Tainter, senior vice president, regional manager, Harsch Investment Properties.

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. Fax is 385-3759, email is support@hlrealty.com.