HOA board members can be recalled with petition

Q: By what method can a board member be removed other than by an election? What is the process to have a petition to recall? We want to remove three out of five members of our board. How can they be replaced?

The board has imposed its own rules, superseding our covenants by its will and not by a vote of the members. According to our covenants, overnight parking is allowed as long as the vehicle is not stored. The board now claims any vehicle parked overnight is a stored vehicle. Are there any agencies that I may contact to investigate these abuses?

A: To recall your HOA board members, you will need to draft a petition. You will need to obtain 10 percent of the total number of members to sign the petition.

The petition should have the homeowners' signatures, property addresses, printed names and contact numbers. If there is more than one page of signatures, make sure each page states the preamble of the petition's recall effort so that you can demonstrate that each homeowner knew what he or she was signing.

As to the removal of directors, state law, NRS 116.31036 has two parts. The number of votes cast in favor of removal must constitute at least 35 percent of the total number of voting members of the association, and at least a majority of all votes cast in that removal election must approve the removal of the directors.

Secret written ballots for the removal election must be sent to the homeowners not less than 15 days or more than 60 days after the date on which the recall petition is received. The board sets a meeting date where the secret written ballots will be opened not less than 15 days or more than 90 days after the date the petition is received.

Only the secret written ballots that are returned to the association may be counted to determine the outcome. The secret written ballots must be opened and counted at a meeting of the association.

A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

If the board members are successfully recalled, the association could have an election to fill the vacated seats. The board has an option to fill the vacancies for the unexpired term, or until the next regularly scheduled election of the board, whichever is earlier, unless your association's governing requirements call for an election.

Boards do have the right to make rules and regulations as long as they are consistent with the covenants and that proper notice has been sent to the owners of a board meeting date where the rules will be discussed and voted upon by the directors.

You did not send a copy of the parking rules or the section in the covenants about the parking, so I am unable to comment as to whether the board has properly interpreted the parking regulations. You can contact the Ombudsman's Office at the Nevada Real Estate Division, located on East Sahara Avenue.

Note: The state Ombudsman's Office has scheduled several free HOA classes in October. Some in the area are: effective communications and conflict resolution, 10 a.m. to noon Nov. 6, Bradley Building, 2501 E. Sahara Ave.; HOA elections and recall elections, 10 a.m. to noon Nov. 7, Bradley Building, 2501 E. Sahara Ave.; association meetings, 10 a.m. to noon Nov. 19, Sun City Aliante, 7394 Aliante Parkway, North Las Vegas.

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.