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State law does include HOA election results deadline

Q: I am curious as to why Nevada Revised Statute, Chapter 116, doesn’t require board election results to be posted within 15 days of the election.

Our association just had a board election on Aug. 5, and the 68 owners — 47 of whom voted — never received the results. I was told by the management company that Nevada law does not require it, nor does our bylaws. I came from California where it is required that elections results be posted on a community bulletin board or some other conspicuous place or owners be notified electronically or by regular mail, which is costly. Not posting the election results, to me, is highly unusual on any level. It undermines the idea of why we count ballots in the first place, to determine who won. Even the minutes of the annual meeting only announced who won but not the numbers. The numbers are important because they indicate in a contested election what percentage of the electorate is disenchanted with the governing body, as was the case in our election where close to 30 percent voted for the minority candidate, who was labeled “a trouble-maker” in a scurrilous, unsigned flyer distributed by those in power.

A: The simple answer is that no legislator has introduced such legislation as to the sending of the results of the election within a time frame and with notating the total counts of the election. It should be noted that many associations do include the counts in their annual minutes.

Q: I know you are very busy, but I just came from an event at our clubhouse and had a conversation with one of our members “who is in the know.” She said: “I liked (the director), but because he didn’t vote for the insurance renewal, so I have changed my mind.” I said I thought majority rules. She stated: The board had a closed meeting to vote on renewal of insurance, and it needed to be all “yes” votes to move forward. It had lapsed for a few days. The board is being directed by our management companies’ lawyer and is not getting good advice.

No food. No bus trips, and the beat goes on. There is liability! Yet, there is nothing in writing. Our clubhouse closes at 9 p.m., and no board member is allowed to have a key to have events later in the evening or on holidays. I have brought this up at our board meeting, but again the attorney said: “No, there is liability!”

So, you see this association is lacking in common sense and not understanding our covenants, conditions and restrictions and bylaws. I did do the research and found nothing except guidelines on “committees and clubs.”

A: It appears you are questioning why events cannot be sponsored by either the board of directors, committees or clubs. It looks like the association’s attorney is taking a very conservative approach that no activity should occur because of the potential liability.

In an “event” where the association is faced with a lawsuit, the insurance company for the association would decide if there is coverage. It also should be noted that most association insurance companies can include different types of event coverages, including the “one-day event.”

The board should contact their insurance company to find out what coverages and possible costs are involved for this association to have social events.

Note: The Nevada Real Estate Division issued a statement about Senate Bill 186, which addresses how HOAs communicate with their homeowners. The changes went into place Oct. 1.

By allowing for email to be the default means of communication for certain correspondence, the goal of the bill was to make methods of communication more efficient and less expensive for homeowners and associations. A review of the final bill language revealed inconsistencies with the conceptual amendment and legislative intent behind the change. The Legislative Counsel Bureau, under its statutory authority, will review SB186 in a manner consistent with the legislative intent and make necessary corrections before the language is codified under NRS 116.

To avoid any short-term fiscal, procedural and administrative costs associated with the application of the bill as it currently stands, the Nevada Real Estate Division will pause enforcement of section 1.7 of SB186 for 120 days or until certification of the revised statute.

The division, through the Ombudsman’s Office, will keep associations and homeowners informed and will provide additional guidance on the final revised statute when available.

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.

Homeowner disagrees with HOA parking policy

Subsection 1 states that regardless of the association is gated or enclosed, the association shall not regulate any road, street, alleyway or other thoroughfare the right-of-way, which is accepted by the state or local government for dedication as a road, street, alley or thoroughfare for public use.

Community to complete landscaping project over three years

The project pertained to palm trees in the community. After receiving the proposal from the current landscaper, the board decided to have this landscape project spread out over a three-year period. In essence, dividing the landscape into three sections. One section would be done each year until the project was completed. The work would be performed by the current landscape contractor. The board had some reservations about spreading the work over the three-year period.

Black or white? Can HOA determine fence color?

The fact that the developer and or previous boards granted the variances does not necessarily negate the current and future boards from properly enforcing the association’s governing documents.

Law says homeowner can receive HOA payment plan

You should be able to find out if your account is with collections. Once you have that information, you should send a formal request to meet with the board to ask for a payment plan (which you are entitled under state law) and ask for them to waive the late fees, which is up to the board’s discretion.

HOA cracking down on roommate rules

The question becomes, at what point is a roommate, a tenant? Do you have a lease agreement with your friend? To an association board, once there is a lease agreement, you have a tenant living with you regardless of your friendship.

HOA underfunded; walkway in state of disrepair

The Ombudsman Office can deal with the underfunded reserve issue at your association, which they have direct authorization to investigate. They maybe able to assist you as to the condition of your walkway.

Management company did not pay HOA water bills

From April 2, 2020 to Oct. 5, 2020, the water bills for our homeowners association were not paid by our management company, which resulted in late fees.

Tenant allows homeless people to live in storage shed

You need to send a violation letter to the owner of the unit. You may have to go the distance to the point of weekly fines for non-compliance. This kind of violation involves health issues, and the non-payment of a health, welfare and safety violations can result in your association foreclosing on this unit.

Several reasons why HOA would delay in opening entry gate

The fact that the gate is still not repaired does not surprise me. There could be many different reasons from the availability of parts or that there are still unresolved issues between the insurance companies that represent the association and that which represents the ownership of the car. What the board should be doing is to at least inform the homeowners of why there is an ongoing delay.

HOA president says owner’s behavior is harassment

Based upon the information in your email, it’s time for the board to contact their legal counsel to send a letter to this homeowner Nevada Revised Statutes 116.31184 pertains to threats, harassment and other conduct that is prohibited.