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Send us stories of good things your HOA is doing

NOTE: When the global pandemic hit last year, some communities pulled together to help each other. I decided to talk about their efforts in this column. One group formed the Alexis Heights Helping Neighbors Food Share. Since then, the food bank has distributed nearly 11,000 items and has raised nearly $2,000 to help local struggling families.

The group has more than 2,000 items, and will be distributing them to families through June during scheduled distribution days. Any items that are left will be boxed up and taken to the Clark County Food Bank or community groups and churches.

I would like to again remind any homeowners associations that have organized community efforts to do good in the valley, please email me at holland744o@gmail.com. I want to report on the good things HOAs are doing.

Q: Do vacant positions count to establish a quorum? Our HOA should have a seven members on the board, but we currently have three vacant positions. If we do not count the vacant positions, we would need three members to establish a quorum, but if we counted the seven positions, we would need four members. The problem is that one of the current members has Alzheimer’s, so he is not able to be present at the meetings. What options would we have to obtain the quorum? Can the ombudsman authorize us to establish a quorum with three members? We hope that you can guide us and help us find a solution.

A: Check your bylaws. Generally speaking, a quorum would consist of four directors. The ombudsman does not have any authority to change your quorum to three directors. As to the one failing director with Alzheimer’s, I would suggest that you ask that board member to resign so that the board can appoint another director.

Q: I am a newly elected treasurer of our HOA. Yeah!

I have some questions:

Do you have a book on HOA procedures?

Can rental units be curtailed under the umbrella of an HOA?

A: The Community Associations Institute (CAI) offers a number of educational classes (offered both on a national and local chapter level here in Las Vegas). CAI Press has both digital and hard copy books for sale, from the board member tool kit to how to draft a budget. Go online and contact them at Caionline.org.

As far as rentals being under the jurisdiction of an association, the answer is yes. Rules and regulations apply to the tenants living within your community. Check your covenants, conditions and restrictions and your rules and regulations.

Q: Nevada Revised Statute 116 refers to the word “unit” in several places, but it is hard to determine if it refers to a physical structure (home) or the land/property (with or without a home) in the development. So, what does the work unit represent?

A: Generally speaking, the covenants of the association would include under its definition section as to what constitutes a unit. It could be the physical structure of a single-family home or that of a condominium residence. As to land, it again depends on the governing documents and if the land has been annexed as part of the association, being classified as a lot or unit.

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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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.