In some cases HOA travel expenses can be paid

Q: Can a member of a homeowners association board receive travel expenses?

A: It depends. First, your board of directors would need to approve this expense. Second, travel expense should be on your annual budget that your homeowners ratify. Third, where did the director go and why? If your director runs errands for the association, for example, picking up supplies, then all things being equal, the association could reimburse that director’s travel expense. If that director lived in Mesquite and travels to Las Vegas for board meetings and wants to be reimbursed, the answer would be no.

Q: In the past our condo HOA has used unsigned anonymous reports of violations to call owners to a hearing. The process has been questioned because those being called to a hearing feel they have a right to know who has reported them. But because the report was submitted by “anonymous” not even the board knows the name of the person. And even if the reporting person’s name is known it is believed that it should remain confidential.

Question, is it permitted to call an owner to a hearing based on a violation reported by an anonymous person? If this is addressed in Nevada Revised Statutes 116 maybe you can point me in the right direction.

Second question, if an anonymous person’s report is permissible, at what time might it be necessary to offer up the person’s name? Maybe at arbitration with the state Ombudsman’s office?

A: This is an issue of due process. First, it should be a policy or procedure of the board that when receiving unsigned anonymous reports of violations, that all efforts are made by the board and or the community management company to ascertain whether the reported violations appear to be valid. Often, community managers receive complaints that when further researched are not violations according to the association’s governing documents. When alleged violations are accompanied with photographs, the board or the management company can better determined the validity of the complaint.

If the alleged violation cannot be verified by the board or the community management company, the alleged violating homeowner could be sent a courtesy notice. The problem that exists is when that unhappy homeowner contacts the association to discuss this alleged violation (often using very strong language) that he or she is not in violation and wants an apology letter sent to them for the record. Not everyone is a good neighbor and there are times that one homeowner will file multiple unwarranted complaints against another homeowner.

Since the complaint is anonymous, just how can the association make sure due process is exercised? How can the association enforce the complaint if the anonymous resident who filed the complaint has first-hand knowledge that cannot be verified or easily verified by the association? How do you defend a fine against that alleged homeowner especially when he or she files a complaint against the association because it was unable to support a claim?

The board and its community management company must be careful in responding to unsigned anonymous reports of violations.

But what if the complaint is signed by a homeowner who does not want their identity to be disclosed? If “push comes to shove,” a hearing is held without the one person who can testify the violation did in fact happen and the board and or management company cannot support the claim, the association again finds itself in that “catch-22” position. According to NRS 116.31085 subsection 4, homeowners have the right for their hearings to be held during the open board meetings. According to this section of the law, the homeowner is entitled to attend all portions of the hearing related to the alleged violation including the presentation of evidence and the testimony of witnesses. The board and the management company could appear very foolish and could be made to look like they are harassing or discriminating against the homeowner when the person filing the complaint refuses to attend the hearing.

We all know why? The complaining homeowner is often frightened, has been previously threatened by the other resident or is concerned about retribution. Sometimes you have to err on the caution side. When in doubt, upon receiving a very disturbing unsigned complaint, you will need to discuss that complaint with legal counsel before you take any action.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.