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State law does not set amount for HOA transfer fee

Q: Is the cost that a management company can charge for a CIC (common interest community) package and HOA (homeowners association) transfer fee set by Nevada statues? — Neil

A: There currently is no maximum amount set by either statute or regulations as to the cost of the transfer fee.

NRS 116.4109, pertaining to resale packages, states that the association may charge the unit owner a reasonable fee to cover the cost of preparing the certificate, and that the commission shall adopt regulations establishing the maximum amount of the fee.

NAC 116.465 states the certificate cannot cost more than $160. There can be an additional cost of $125 if the certificate must be furnished sooner than three days after the request.

In addition, the association may charge a reasonable fee to copy the information, not to exceed 25-cents per page.

Q: We have two, possibly paid-for agitators for a construction company at our last two meetings. They were addressed publicly in our newsletter for their behavior.

I don’t find a whole lot that specifically addresses denying these people access to the meetings. I have suggestions from our HOA management company, but I would like your input. Your advice, please.

A: It is not a good idea to address disruption at a board meeting in a newsletter or any public flyer or letter, unless it is generic and in general in nature without listing any names of individuals. To do so exposes the association to a potential law suit.

One association developed the following regulations that their legal counsel approved as part of their meeting rules and procedures. Before you or any other reader adopt rules, you absolutely need to have your legal counsel review them.

* The board of directors has the right to establish and enforce reasonable limitations and restrictions on the manner in which members may participate in meetings in order to maintain proper decorum. The following has been edited for newspaper format.

* In addition to the restrictions and limitations recognized in Robert’s Rules of Order, the board of directors shall have the right to impose restrictions and/or limitations and/or fines on members who engage in disruptive behavior during meetings. This can be speaking out of order, use of profanity, yelling and/or otherwise being loud and boisterous, etc.

In the event a member engages in such disruptive behavior during a meeting, he or she will be issued a warning letter the first time. Should the member engage in disruptive behavior a second time, he or she may be fined and/or suspended from one meeting, depending on the nature, severity and flagrancy of the conduct. Should the member engage in this behavior a third time, he or she may be fined and or suspended from two or more meetings.

This is one of those regulations that must be used on an infrequent basis. The board must demonstrate in a court of law, arbitration, mediation or intervention that such action was absolutely necessary in order to protect people, property and to complete the work on the agenda.

Many associations have had the experience where members, including board members, have come to the meeting in an intoxicated state.

Many associations have had the experience where members have been upset with fellow members during the homeowner forum, or at an annual meeting and have actually engaged in fist fights. We all know that members, including board members, can become overly passionate about an issue to the point where the meeting becomes an unorganized verbal fight. Yet at the next meeting the same previously disruptive individuals are properly conducting themselves.

Here are some tips to conduct meaningful meetings.

* The board has the right to develop meeting procedures. It is recommended that boards follow Robert’ Rules, which helps to organize and expedite the business of the board through proper motions.

After a motion is seconded, let the maker of the motion speak first to his or her motion, after which the president should allow debate. Next, have a con then pro discussion until all points have been made. If a member calls for the question, the debate can stop, and votes take place. Do not allow the same person to speak if someone else has not spoken.

* The board should provide the agenda to the homeowners prior to the board meeting. The agenda should be followed. If there is a time constraint (For example, you have to leave the library because it closes at 9 p.m.), the president, with the help of the community manager, needs to keep the meeting moving forward.

There is nothing wrong with telling the membership at the very beginning that the board business will take place in a half hour because of the heavy agenda that has been set for that meeting.

If the meeting becomes heated, or if an individual is not conducting himself or herself properly, the president can call for a recess.

That should would allow the community manager and president to settle down the player or players. If the conduct of the individuals continues to be disruptive, the president has the right to adjourn the board meeting.

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. Her fax number is 385-3759, or she can be reached by e-mail at support@hlrealty.com.

 

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