HOA needs to follow recall process on board member

Q: How do we accept a decision or a vote from our homeowners association board member who has been drinking or is under the influence of some illegal substance? How do we invalidate him?

This same member has missed two meetings in a row. He says its work, but our sources say he is not at work. How many can he miss before we can do something? Our board can’t vote or barely has a quorum.

A: You can not. You need to remove him from the board through a recall process.

Q: I was recently denied a request from my HOA to expand my patio and refurbish the landscape that has been neglected for many years. I will have the opportunity to speak to the board members in an appeal hearing. I’d like to know if you can offer any advice so that I am properly prepared and do not miss the opportunity to reverse the decision. The HOA did not offer any explanation as to the reason for the denial.

A: Before your meeting, ask the architectural committee the reason for the denial as that would help when you prepare your appeal to the board.

Make a presentation package for each of the board members. Keep it simple. Show the specific plans of the patio expansion.

A rendering is good. One point that you would want to emphasize is the expanded patio will not affect the drainage of your backyard or of your neighbor’s backyard. For the landscape, name the plants and or trees. Be specific as to size and location. Again, if possible use color renderings.

In this package, include the pertinent sections of the covenants or of the architectural guidelines that you believe supports your request.

Be prepared to answer questions. Keep your presentation professional and objective. And good luck.

Note: Attorney Avece Higbee and I will be instructors for a commercial association management course soon. The Las Vegas chapter of the Institute of Real Estate Management will hold the Property Owners Associations daylong seminar on May 13 at the Greater Las Vegas Association of Realtors office, 1750 E. Sahara Ave.

The course consists of two 3-ce credit hours seminars (property management and/or general real estate. The cost is $35 for one class and $50 for two.

There will be guest speakers. Email lae@iremlv.org for details and to register.

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 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.