When is an HOA board meeting a meeting?

Q: What constitutes a homeowners association board meeting, and when do you have to notice the meeting?

Recently our association has changed our management company and landscaper.

During the discussion of a walk-through with our new landscaper, the manager instructed our board that if two board members were to go on the landscape walk-through this would constitute a board meeting and our membership would have to be notified.

The explanation from the manager was that whenever two board members meet, it is considered a board meeting. Could you please elaborate and tell me where in NRS116 this is addressed. Would you see this as a board meeting?

A: I know that the state ombudsman office has stated that two board members constitutes a meeting of the board (obviously based on the premise that you have a three-board composition). NRS 116.31083 states that a meeting is to be held at least once every quarter and not less than once every 100 days and that the association shall notify the homeowners of the meeting no less than 10 days before the date of the meeting.

The notice of the meeting must include the agenda of the topics to be discussed and issues that could be voted by the board.

To say that two board members walking the property with the new landscaper constitutes a meeting of the board is really stretching the intent of the law.

NRS 116.31083 defines the word, "emergency" as events that could not have been reasonably foreseen, and would affect health, safety and welfare of the residents in the community. An emergency would require immediate attention and possible action by the board, making the notification of homeowners impracticable.

I have heard comments from people who live in associations and have asked the ombudsman office the question about when is a board meeting a board meeting. They have told me the staff does not quote the entire section of the law.

Board members have an obligation to make sure that their contractors understand the scope of their work. By walking the property, the board members can inform the contractor of any particulars. For example, letting the landscaper know that during the summer, one area never has enough water, one area always has too much water.

Board members can asks the contractor to provide costs about making improvements that would be brought back to the board for decisions.

In my opinion, we have reached a point in interpreting the law that does not make sense.

Boards don't meet every day. Decisions such as fixing the broken sprinkler line cannot wait until the next meeting.

Homeowners trying to short sell their homes and ask the management companies to have the boards reduce fines or waive late fees cannot wait until the next meeting in order to close their escrows.

There are many other such operational decisions that need to be made in the daily management of associations where it is just impracticable to hold a board meeting. E-mails and faxes could be sent to the board members for their opinion and or vote. If such an action was taken by e-mail or fax, the board at its next meeting could put those actions on the agenda for affirmation at the meeting. In this manner, the homeowners who actually attend meetings would be privy to those kinds of decisions.

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.