43°F
weather icon Cloudy

Homeowner complains about board, fee hike

Q: I have a homeowners associaiton where the dues jumped from $289 to $600 because they can’t get a master insurance policy. I need help on fighting this.

Also, how do I go about petitioning for the entire board removed with new members. The community doesn’t want this board anymore.

Any guidance, advice or help would be greatly appreciated. Thank you.

A: Nevada Revised Statute 116.3113 states that associations shall maintain, to the extent reasonably available and subject to reasonable deductibles, the following insurance coverages: property insurance on the common elements, commercial general liability insurance, crime insurance, directors and officers insurance. In the case of a building that contains units divided by horizontal or vertical boundaries, the insurance maintained, to the extent reasonably available, must include the units but not the improvements or betterments installed by the unit owners.

You do not provide information as to why the significant increase in their insurance premiums. Generally, such an increase pertains to multiple claims and increased liability.

As to the second part of the your email about recalling the board of directors.

To call for a special meeting of the homeowners, the owners must submit a petition signed by at least 10 percent or any lower percentage specified in the covenants, conditions and restrictions of the total number of voting members. Upon receiving the request for the meeting, after verifying the signers as owners in the association, the board shall set a date for the recall meeting not less than 15 days and not more than 60 days after the date the petition is received. (NRS 116.3108) and NRS 116.31036 (2)).

Under NRS 116.31036, removal of a board member or members, the law has two requirements. At least 35 percent of the total voting members of the association vote on the matter of the recall; and second that at least a majority of the votes cast approve the recall.

The secret written ballots must be sent not less than 15 days nor more than 60 days after the date the petition has been received.

The board shall set a date for the meeting to open and count the ballots not more than 15 days after the deadline for returning the secret written ballots and not later than 90 days after the date on which the petition was received.

Only the secret written ballots that are returned may be counted to determine the outcome.

Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

THE LATEST
Federal ruling temporarily blocks Corporate Transparency Act

Community Associations Institute applauds the Dec. 3 decision by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop, Inc., et al. v. Garland, et al. to issue a preliminary nationwide injunction against the Corporate Transparency Act.

Disabled vet’s wife upset about flags improperly displayed

You may want to contact one of the local branch offices of the United States Armed Forces for assistance. Perhaps you could obtain a formal letter from them concerning the flying of the United States flag.

Here is what the law says about service animals

Your board can contact the local Department of Housing and Urban Development office to discuss the specifics of your association, such as these dogs who may possess a possible threat to another individual.

Pahrump community has questions about new development

Under Nevada Revised Statutes 116.3108 (2), an association shall hold a special meeting of the unit owners to address any matter affecting the community if at least 10 percent or any lower percentage specified in the bylaws of the total number of votes in the association request that the secretary call such a meeting.

HOA assessments keep increasing

You would need to review the governing documents of the association as to the percent increase the board can assess, with or without homeowner approval.

Legal action continues over Corporate Transparency Act’s reach

Thomas M. Skiba, CAE, is the CEO for Community Associations Institute. In today’s column he gives a very important update regarding Community Associations Institute v. U.S. Department of Treasury. This challenges the Corporate Transparency Act and its applicability to community associations nationwide.

Trash days always seem to be windy days

You could write a personal letter to each board member asking them to address the trash issue by proposing a regulation that all trash must be in containers or in proper trash bags.

HOA board cannot arbitrary enforce violations

Under subsection 4 of this law, the board’s decision to enforce one set of circumstances does not prevent the board from taking enforcement action under another set of circumstances but the board may not be arbitrary or capricious in taking enforcement action.

HOA board members must disclose conflict of interest

Under the law, each HOA board candidate must make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or appeal to a reasonable person to result in potential conflict of interest in serving on the board.