Law requires HOA boards to set agendas in advance

Q: I have enclosed a copy of the new board meeting schedule. As you can see, the revised schedule now has the board meetings open to residents nine and 10 times a month. During the past five years, the agenda was posted three to four days before our regularly scheduled meeting on the fourth Wednesday of the month, while ignoring the required 10-day notice. The board has already canceled two board meetings this month, raising questions about the legality of the revision. Are nine to 10 board meetings permitted as per NRS 116? If so, how many days before the meeting must the agenda be posted?

A: The law does not require a board to have multiple meetings in a month. In fact, unless your governing documents state otherwise, your board only has to meet once every 90 days (NRS 116. 31083.6). Except in cases of emergencies, or unless the bylaws require a longer period of notice, the association has 10 days before the date of each meeting to notify owners (NRS 116.31083.2).

Even though your association lists the meeting dates for the entire year in advance, your association would still be required to notify homeowners 10 days in advance of each meeting about the agenda items to be discussed by the board at the meeting.

Unless your governing documents require nine or 10 meetings per month, the fact that two meetings were canceled would not be in violation of the state law.

Q: Here's the problem. Owners pay association fees but can only park in their garages; they cannot park in any of the open parking spaces in the common area. Guests can park in the open spaces, yet pay no association dues. So do they have more rights than owners?

A: Many associations were built with limited open parking spaces. Consequently, developers included in their governing documents the regulation that owners must park in their garages and not in the open spaces. You will also find that this was probably a building requirement of the city or Clark County in order for your community to be developed. It is not an issue of who has more rights. Obviously, you as an owner can park your vehicle in your garage, a guest cannot -- their only alternative is to park in one of the open spaces.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors. Questions may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.