Losing board candidate can call for ballot recount

Q: We recently had a very contentious board of directors election and a losing candidate is now demanding that he have access to the ballots to count them himself. All candidates were allowed one auditor/observer during the official count. While I have searched through Nevada Revised Statutes 116, I cannot see where he can demand to have unfettered access to these records. What would your take be on this?

A: The homeowner has the right to attend a meeting whereby the ballots would be recounted, preferably by a third party. If the ballots were to be recounted, you will need to notify all of the candidates.

Q: I have a couple of questions for you.

1. Can a board pass a resolution that states if a director is not current in his or her assessments, he or she cannot vote on anything during the executive and regular board meetings? I know from the NRS code the noncurrent director cannot vote during executive session on fines for other homeowners, but the NRS is silent on other voting by the same director.

2. Can a board remove a director when that person does not attend three consecutive meetings without a good reason and does not respond to email votes? In other words, it appears this person is not interested in fulfilling the duties of a director and just wants the title. Is that sufficient reason for removal without a recall vote?

A: As to the first question, you would need to review your governing documents. Often, you will see a section in the covenants or bylaws that state a delinquent homeowner is not eligible to vote on association matters. (Please check for due process procedures as to notification to the homeowner that he or she has lost the right to vote.) The board cannot just pass such a resolution unless it is being sent to the homeowners as a proposed amendment to the association’s governing documents.

As to your second question. The answer is no. The board can remove the director as an officer of the association but only members of the association have the right to remove a director through the legal recall process as stated in NRS 116.

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.

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