Q: Our association recalled a director whose term does not expire until 2011. He stated at our last meeting that if he got recalled that he would run again for the board in February. Does he have to wait until his recalled term ends before he can run again for the board?
A: The law is silent on this issue. NRS 116.3103 subsection 2 states that when a member is recalled, the board cannot appoint a member to fill that vacancy — that vacancy must be filled by a vote of the membership. NRS 116.31036 pertains to the removal of a director. No where does it state that the recalled director is prohibited from running for his position that became vacated when he was recalled by the members.
Q: Our 143-home community, which has been built out six years, was marketed as a gated community and the gates were operational only during nights throughout the building phase.
After the building was completed, the gates have been closed 24 hours a day. Some owners want them open during daylight hours. Other owners object to that saying they purchased because they wanted to be in a gated community. The governing documents do not mention the gates.The original sales material included gated community and today resale fliers refer to a gated community. Is the association liable if the gates are left open?
A: There is an implied liability if the association was to leave the gates opened and then some homeowner or resident was either injured or property damages occurred. For many homeowners, the specific reason why they purchased a home in your community was because it was gated and they have a legitimate concern.
The opening and closing of gates especially during peak hours of homeowners leaving or returning from work does place more wear and tear on the operating system and obviously could cause long lines of cars that potentially could cause an accident. Many gated communities leave their gates open during peak hours, for example, from 7 to 9 a.m. and then from 5 to 7 p.m..
The board can send out a nonbinding or binding survey to the membership with options to leave the gates closed at all times or opened at all times or during peak times with their respective time limits.
Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.
