State law does not have HOA rule on height of flag pole

Q: I was hoping you could help me. I just joined the board of my HOA and we are having a hard time agreeing on a homeowner’s request to install a flagpole.

I feel the homeowner should be able to install a 25-foot flagpole in their front yard, but a couple board members insist that it’s “dangerous because of the winds” and another member is saying they need to light the pole (even though the homeowner states they will remove the flag at night).

I think this is something we need to resolve ASAP but cannot get an agreement with the board members. Any suggestions on how I can get this resolved or if there is some precedent I can use?

A: The average size flagpole ranges from 20 to 25 feet. Nevada Revised Statute 116 does not include any law as to the height or location of a flagpole.

Associations would need to review their governing documents and in particular their architectural guidelines. Your association can have greater restrictions on the height and location of the flagpole than Clark County ordinances. Your association board will just have to reach some compromise.

Q: Per NRS 116.31088, for HOA Boards to start or procced with a legal action they need to get approval from its members by at least a majority of votes of the members of the association are allocated. This means the HOA Board needs 51% the total members to vote “yes” to procced. Is this how you understand the Nevada Code?

Please note, the required vote does not include the below. However if below section (e) is used, the HOA Board would still need within 90 days to get approval from its members by at least a majority of votes of the members of the association are allocated. Is this how you understand this section?

(a) To enforce the payment of an assessment;

(b) To enforce the declaration, bylaws or rules of the association;

(d) To proceed with a counterclaim; or

(e) To protect the health, safety and welfare of the members of the association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.

Thanks for your thoughts.

A: Please see the attached as there was a major discussion about this topic.

The reader is correct that under the law, the association may commence a civil action without a vote or written agreement of the homeowners that is being commenced as noted by the reader in sections, a,b, c and d.

Section e does require ratification within 90 days after the commencement of the action by a vote or written agreement of the owners with at least a majority vote of approval.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.