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Heated discussion could erupt over delay in pool reopening

Updated June 22, 2021 - 12:05 pm

Q: Quick question, please. The president of our homeowners association doesn’t live in our community. Is there a rule or law that says he must? If so, can I please have a link ? Thank you.

Also, our pool hasn’t opened, and it should for the residents. The HOA board has the authority to open it. It’s record-setting heat in Las Vegas. What can we do ?

Our community management company says it’s up to the board. Our board is not hands-on, proactive or anything. Thank you for your time.

A: Unless your covenants, conditions and restrictions state that board members must be residents, there is no state law requiring residency of directors.

Yes, it is a board decision to open the pool. Your manager should contact the health department as the majority of COVID restrictions have expired. You will probably need to have homeowners pressure the board through writing letters and attending the next board meeting.

Q: Many homeowner associations have owners who live out of state. When election time comes, many of these out-of-state owners would like the association to send their ballots by special mail or by special mail service. In some cases, especially for those owners who do not live in the United States, these homeowners would most likely never not have enough time to vote and return their ballots.

The question is what is the association’s responsibility to these owners?

A: Under Nevada Revised Statute 116.31034 (15), the association has an obligation to “cause a secret written ballot to be mailed to the owner’s mailing address or any other mailing address designated in writing by the unit owner.”

According to the Nevada Ombudsman Office, it is the responsibility of the unit owner to ensure ahead of time that the mailing address designated to receive the ballot is one in which he/she can respond within the given time frame.

Please also note that under NRS 116.311 (6), a vote may not be cause to elect or to remove a director by proxy.

Q: I just went through board training with our HOA administrator. I asked, when can the homeowners make a motion? And was told never! I am at a loss of how to proceed. I want to add an animal policy to protect service animals and homeowners. I have been told that only the board can make rules and not the homeowners. Is that correct? Do you have a meeting outline that can tell me when I can make a motion? Our president is making new laws because he doesn’t like some people and I would like to stop it; or understand where I can put in amendments or changes to his new rules. Is there somewhere I can go and read the procedures for board meetings and open general meetings for the homeowners?

A: Rules and regulations are under the authority of the board of directors. Directors establish rules and regulations, not homeowners. Having made these statements, at the annual homeowner’s meeting, a homeowner can make a motion, but you would need to follow the procedure according to your CC&Rs, and you would need to have a quorum and meet the voting approval requirements.

As to your president making new laws, only those rules and regulations that are properly noticed and are in concert with the CC&Rs can be approved by the majority vote of the board of directors. The president does not have the authority to just make rules without the notification of the proposed rules on the board’s agenda and without board approval.

The procedures for establishing rules and regulations should be in your CC&Rs. You can review NRS 116.1206, NRS 116.12065, NRS 116.31065 and NRS 116.3102, which pertain to rules and regulations and the procedure and authority of the board in establishing them.

Q: In my HOA, there is/was a house for sale. Sign went up earlier this year. We’ve heard different stories about it being under contract, deals falling through, etc. As of mid-May, the house was taken off the market. The sign remains. The listing agent has been contacted but no reply yet.

Have gotten conflicting answers from Realtors. One said it should be removed after 24 hours of being taking off the market. The other said it’s totally between the owner and the listing agent. One of the problems is that neighbors are complaining about possible buyers/strangers driving by, stopping, looking in the windows, walking around the side of the house, etc.

House is currently unoccupied although still furnished. Is the listing agent using his sign as free advertising and simply trying to get his name out there? Is he trying to save sign removal and reinstallation costs if the residence goes back on the market someday? Can the HOA do anything? Thanks in advance. Stay cool.

A: Check your rules and regulations, your architectural guidelines or even your CC&Rs, as you will most likely find language as to the proper use of signage within the community. If the house is not currently listed, which can be easily found, the association should contact the agent to remove the sign, or the association will remove it.

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.

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