Why are HOA potlucks so complicated?
Q: Are there any requirements for a potluck that would be held at the community clubhouse? I received three conflicting opinions. One individual stated that no homemade food is permitted in the clubhouse. Another individual said that a food handler’s license is required. A third indicated that a stove is required in the clubhouse. I’m confused. I did some research but couldn’t find anything. Thank you for shedding some light on this.
A: You will not find this subject in Nevada Revised Statutes 116. You would need to first check your governing documents and your rules and regulations. You could contact Southern Nevada Health for some direction. Probably the safest bet is to have prepackaged individual sandwiches or any other food that is prepackaged for individual consumption.
Q: A perennially indignant owner in our community recently videotaped a workshop for owners and uploaded it to YouTube, where anyone can view neighbors’ images and voices. She did this despite objections by participants over privacy concerns. Now, neighbors are worried that she will try videotaping board meetings too. Is this legal? It certainly has a chilling effect.
A: Under NRS 116.3108 (9), which applies to owner meetings, and under NRS 116.31083 (12), which applies to board meetings, a unit owner may record on audiotape or any other means of sound reproduction during a meeting if that owner, before the recording of the meeting, provides notice of his or her intent to record the meeting to the members of the board and the unit owners who are in attendance.
To video a meeting and upload onto any kind of internet platform such as YouTube would be in violation of the law. It is not allowed. Your board should contact your legal counsel to address this issue and this homeowner and to send the homeowner a warning letter that their attendance could be denied.
Q: Just a quick question. Is there any law or NRS or CCRs that state a Committee must have Charters?
A: NRS 116 does not address committees. When NRS 116 does not cover a topic, you would first need to review your ccrs and bylaws as to whether they have addressed committees and their roles or look at NRS 82 which pertains to non-profit organizations.
Your association is a Non-profit organization and falls under NRS 82.
NRS 82.206 Committees of board of directors: Designation; powers; names; membership.
1. Unless otherwise provided in the articles or bylaws, the board of directors may designate one or more committees which, to the extent provided in the bylaws or in the resolution or resolutions designating such committee or committees, have and may exercise the powers of the board of directors in the management of the business and affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers on which the corporation desires to place a seal.
2. The committee or committees may have such name or names as may be stated in the bylaws or as may be determined from time to time by resolution adopted by the board of directors.
3. Each committee must have at least one director. Unless it is otherwise provided in the articles or bylaws, the board of directors may appoint natural persons who are not directors to serve on the committees.
4. No such committee may:
(a) Amend, alter or repeal the bylaws;
(b) Elect, appoint or remove any member of any such committee or any director of the corporation;
(c) Amend or repeal the articles, adopt a plan of merger or a plan of consolidation with another corporation;
(d) Authorize the sale, lease or exchange of all of the property and assets of the corporation;
(e) Authorize the voluntary dissolution of the corporation or revoke proceedings therefor;
(f) Adopt a plan for the distribution of the assets of the corporation; or
(g) Amend, alter or repeal any resolution of the board of directors unless it provides by its terms that it may be amended, altered or repealed by a committee.
As a measure of good management practices, committees should have charters for many reasons. Charters establish the powers, authority and boundaries of the committee. Charters establish the relationship between the committee and the board of directors. Charters should also cover ethics, i.e. confidentiality such as your covenant/violation hearing committee.
Barbara Holland, CPM, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.