Write-in ballots won’t work for board elections

Q. Is there a regulation in the state CIC rules that says write-ins for positions on the board of directors in associations are no longer allowed? Where may I find these regulations?

A. NRS 116.31034 is the state law that pertains to elections. This section of the law does not explicitly state that write-in votes are not allowed.

By virtue of this procedure, it is required to place your name on the ballot. Write-in votes would be disallowed since they would not allow the candidate for the board to comply with subsection 5, which states that each person whose name is placed on the ballot as a candidate must (note the word, "must"), make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if he or she were to be elected.

In addition, the candidate must disclose whether he or she is a member in good standing which means (per the statute) that they do not have any unpaid and past due assessments or construction penalties that are required to be paid to the association.

The association shall distribute the disclosures to the members of the association with the ballot.

As you can see, if a write-in vote was received the person whose name has been written is essentially unable to meet the above regulations and consequently should not be counted by the association.

Q. I know this is an old (newspaper) article, but I have a board member that brought this in and swears that in their case of 68 homeowners that 24 would have to vote and at least 13 to vote in favor.

I think that they need at least 24 to vote in favor and that 24 has to be at least a majority of all the votes cast in the election.

In other words, if 30 votes are cast, at least 24 must be in favor of recall, but if 60 votes are cast then 31 must be in favor of recall. Am I right?

A. NRS 116.31036 pertains to the procedures of recalling directors.

First, at least 35 percent of the total number of voting members of the association has voted.

In this case of 68 members, you would need at least 24 members to vote in the recall.

Second, the number of votes cast in favor of the recall must be at least a majority of the votes cast.

If only 24 members voted in the recall, then you would need at least 13 members to vote in favor of the removal of the director.

If 30 votes were cast, you would need at least 16 members to vote in favor of the recall. If 60 members voted, you would need 31 votes in favor of the recall of the director.

The law has two parts -- one that at least 35 percent of the members vote in the recall, essentially establishing the quorum to conduct the recall -- and second that the numbers cast must be at least a majority of all of the votes that were cast during the recall.

Barbara Holland, certified property 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. Questions may be shortened and are subject to editing.