I have received several questions lately regarding how to remove a homeowners’ association board, so I decided to answer as many of those questions as possible in the following column.
Hopefully this will give those of you who are considering this option some direction and information regarding your legal rights in this particular situation.
Q: We are in the process of trying to remove our newly elected board. We filed petitions with the management company. The board had to set a special meeting, which they did with a meeting time of 10 a.m. This is the first time in two years that they have held a meeting at 10 a.m.
We figured that they held the meeting at that time since many homeowners would not be able to attend, and they are right. We tried to change the time, but the management company said that the decision rests with the board. We are sending another letter to the homeowners to obtain their support in our recall.
A: The management company is correct in that the board can decide the time of the meeting. There is no state law that prevents them from holding meetings during the day as opposed to holding meetings in the evenings.
It does not matter how many homeowners attend this recall meeting. What matters is how many homeowners return their recall ballots that will be opened and counted at the recall meeting.
NRS 116.31036 states that only the secret written ballots that are returned to the association may be counted to determine the outcome.
The secret written ballots must be opened and counted at a meeting of the association. A quorum is not required to be present when the ballots are opened and counted.
None of the current board members, including those members who are being recalled, can possess, be given access to or participate in the opening and counting of the ballots.
The reader needs to concentrate on obtaining support of the homeowners to vote in their favor, and getting them to actually send in their written ballots.
Q: Has any association ever succeeded in removing an entire board?
A: Yes — to be successful you need to work hard to make sure owners and nonresident owners vote.
Q: If we get the required 35 percent and majority, can we elect or ask for volunteers to act as the board during the interim process before a new election is held?
A: You need to review your governing documents, as you may have to elect new directors. This would mean that you would need 30 days for candidate applications to be sent out to owners and returned to the association, and a minimum of 15 days for the ballots to elect directors to be sent to the members and returned to the association. If your governing documents do not require an election in cases of recalls, then the remaining board members who were not recalled could appoint new directors. Their terms would expire per the vacated (recalled director) position. So, for example, if a director who was recalled had a term that would expire in December, 2008, then whoever was appointed to fill that position — their term — would also expire in December, 2008.
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 email@example.com.