What happens if no one wants to serve on a board?

Q: What would happen if no one volunteered to run for the board of directors? What process is in place then to protect the homeowners?

A: The ombudsman office and the Nevada Real Estate Division would have to assist the association. They would probably try to call for a meeting of the owners to see if anyone could be persuaded to step up to the plate and serve as directors. If not, they would take the appropriate legal steps to have a receiver manage the association until that time that volunteers could be found.

Q: Our homeowners association board voted unanimously at a regular public noticed board meeting to allow three weeks for ballots to be returned for a controversial amendment vote to our covenants, conditions and restrictions.

About one week after the meeting, the board voted by e-mail to extend the voting period and allow return of ballots from a deadline of three weeks to five months. When questioned, board members said the management company told the board the ombudsman's office and our HOA attorney said it was OK to do this.

Is this correct, and even possible under the law? Has this amount of time ever been given for the return of ballots in a CC&R amendment vote?

Also, for the first time the board authorized that return postage be provided for all returned votes and stated on the ballot instructions that additional ballots would be sent to each home owner periodically until a majority has voted.

It appears to me to be a set-up to get the vote three of the five board members want. A vote not returned is not counted and it takes a 2/3 majority vote to approve the amendment. Is it possible for the board members and management company to allow this?

A: You need to review your governing documents, specifically the covenants. In most cases, there is no time limit in achieving amendment changes. There have been associations that have tried to make changes to their covenants that took over a year with separate mailings to those owners who had not responded. There is no law in NRS 116 that regulates amendments to covenants.

Q: I sent an e-mail over the weekend to the board members and also the management company in regards to getting a copy of a resignation letter from a board member.

I was told that a resignation letter from a board member addressed to the board can be a public document and is the same as meeting minutes or budget governing documents. I was also told that if someone had a question about the letter, they should contact the person directly.

Is the resignation letter public or confidential?

A: I would agree that letter is confidential. The only thing the members need to know is that there is a resignation.

Q: I am on the agenda for a executive session regarding my issues and complaints. Can I have a witness sit with me by my side during the session?

Do the board members have the say on this issue? What is the ruling on this?

A: NRS 116.31085 subsection 4b allows a homeowner to present witnesses to his or her hearing. The law does not state that the homeowner has the right to bring a witness to sit beside them at the hearing.

The law does state in subsection 4 that the person can request in writing to have the hearing during the open meeting. The board would have to comply with the request.

Q: A son inherited a condominium from his mother in our community. At the time the mother purchased the condominium, there were no rent restrictions. Five years after the purchase, the common interest community put a rent cap in place. Is the son exempt from the rent cap since the property was purchased prior to that restriction?

A: If the son became the new owner after the restrictions were in place, then he would not be exempt from the restrictions. The new state law passed in 2009 allows an exemption from any owner who purchased their home prior to the restriction to be exempt from any rental cap.

Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.