Law states records must be transferred to new management

Q: Our homeowners association had problems with our previous management company and wrote to the head of the company about actions of its staff that had resulted in a negative financial impact on our HOA. When the issues were not resolved after two years, the board sent a letter by certified mail with a 30-day notice of termination of services.

Now, the CEO of the previous management company refuses to release our records to our new management company until the previous company has more time to address our grievances. Our board has made its decision to use the new management company.

Other than litigation, does our HOA have any other alternative to expedite the transfer of our records?

A: If that is CEO's position, that is in violation of NRS 116 statues and NAC 116 regulations, including NAC 116.305 subsection 6 state, "... the community manager shall, within 30 days after such termination or assignment, transfer possession of all books, records and other papers of the client to the succeeding community manager or to the client ... regardless of any unpaid fees or charges to the community manager or to the management company."

You do not need to spend any money on litigation. Contact the Nevada Real Estate Division and they will direct you to the proper person to help you.

Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.