What guidelines should be followed in filling a board vacancy?

Q: I am writing you to ask for some advice concerning the board of directors of my homeowners association. The board has been conducting workshops and discussing issues concerning the association. It claims that this is legal, as no decisions are made at the workshop.

Last week during one of the workshops, a homeowner was allowed to address the board concerning a vacancy on our board. I even had one board member state that he wanted a female on the board, which I felt was discrimination.

I was informed that the board is going to set qualifications to determined who would be selected. As I read NRS 116.31083 and 116.3103, these issues appear to violated NRS 116. If I am correct on this, how can I stop this from happening. By the time I comply with the requirements of the NRS concerning filing complaints with the ombudsman's office everything will have taken place.

A: First, you need to be sure of your facts. Your e-mail implies that a lot of your information came from a third party. If you did not attend the workshop where the discriminatory statements were allegedly made then it is really hearsay information, unless a homeowner who was at the workshop is willing to sign a statement that such a comment was made.

I would be more concerned if the board discarded any candidate who was a male, and only reviewed female candidates, as that action would then be discriminatory.

Second, is there a current vacancy on the board? If so, does your covenants or bylaws allow the board to appoint a member to the vacated seat? If this is the case, then the board could set criteria in an effort to more objectively select a candidate it would appoint. This would be the only case where the board could appoint a director without the vote of the membership.

In a general election of the directors, the board would not be able to establish qualifications as to who can run for the position, nor could the board select a member to the board. The current law allows any member to run for the board. The only stipulation is one of disclosure, where the candidate would have to disclose -- and the association would have to publicize on the ballot -- any reason why the he or she is not in good standing.

Even if the board ignored the law and set criteria to screen candidates, and even they were elected, the state ombudsman office would most likely require the association to hold new elections. That would require sending candidate applications to the members who wanted to run for office.

You need to directly contact either the community manager or the board to help set the record straight.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.