Petition spells trouble for board

Q: Our association has a problem with a current board member. We are aware of the removal process, but we do not wish to do this unless it becomes a total necessity. Many of the problems he creates would continue from him as a homeowner.

The latest situation is a petition that he is circulating to overturn the recent adoption of the 2008 budget. Prior notice of the meetings were made, the board approved the budget at a board meeting and a ratification meeting of the membership was held at which time the budget was ratified.

What action is required of the board when this petition is presented? How can we determine if the petition is in proper form and what percentage of the membership is required to mandate action by the board?

A: First, as required by state law, you will need at least 10 percent of your members to sign the petition. The petition should be specific, stating that the membership wants to convene a homeowners' meeting for the purpose of overturning the adopted 2008 budget. That preamble should be stated on each and every page so that signers will know what they are supporting. The petition should have the printed name, address and signature of each homeowner. When you receive this petition, you will check to see if the signer is in fact an owner of a home in your community. If not, then that name is disqualified. Second, if your governing documents state that members need to be in good standing, check for signers who are delinquent and have been notified that their voting rights have been suspended.

The petition is solely a mechanism for the calling of a meeting of the members. You still will need a minimum of 51 percent of the members, or any larger vote specified in your covenants, to reject the budget. The vote takes place at the meeting.

The reader made a comment that stated that this board director had every right to circulate this petition. I would like to take issue with this comment. First, this director is a member of the board. The board voted to approve the budget. This director was on the losing side. He had an obligation to support the decision of the board. If he could not support this decision, he should have resigned and then brought forward his petition. Boards can not effectively manage their associations if every time some director loses a vote he or she initiates a petition to the membership.

Barbara Holland, certified property 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. Her fax number is 385-3759.