Content of HOA emails determines who can receive them
Q: Thank you for all of your help in the past. I have a few additional questions I am hoping you can answer, since I have not seen them previously asked or answered:
• Are emails between board members and the community manager or management company viewable under Nevada Open Records Act?
• What about emails between the board members themselves?
• Are residents allowed to obtain copies of past or current contracts of businesses performing work for the HOA? If so, how is that done? Make a written request with the community manager or file an official Nevada Open Records Act request?
Thank you in advance for your help.
A: I do not believe associations fall under the Nevada Open Records Act. Nevada Revised Statute 116.31175 and NRS 116.3118 pertain to information as to what homeowners can receive or not receive from their associations. As to emails between managers and boards or between board members, it would depend upon the content of the emails. Before sending a homeowner a copy of an email or emails, I would recommend that the association check with their legal counsel based upon the sensitivity of the email(s) or based upon privacy laws.
Yes, residents can obtain copies of current and past service contracts per NRS 116.31175 (1d). Your request should be in writing. It is always helpful if the request is explicit. The association can charge you $10 per hour and 25 cents for the first 10 copies, and thereafter, 10 cents per copy, per NRS 116.31175 (2 and 8).
Q: Ms. Holland, I read your column regarding HOA and I find it very informative and valuable.
Our HOA executive board procured landscaping requirements, which I am not comfortable with. They “split” a single requirement into four separate proposals. Board president stated this was done to avoid the three bid process along with (other) reasons. As a single action, it would easily exceed the 3 percent threshold of our annual budget. All proposals state the same “scope of work.” The difference in each proposal is the street boundaries surrounding our community. The landscaping work was performed (to the) exterior of our walled community. It disturbs me that “fair and open” competition was eliminated and “preselection” was involved, as all four proposals were accomplished by the incumbent landscaping vendor. Grand total for all four proposals equaled $219,530.
The HOA could have possibly saved money but we will never know without open competition. Your views on this issue are tremendously appreciated.
A: The four separate proposals do circumvent NRS 116.31086 where at least three bids would be obtained if the cost of the project exceeded 3 percent or more of the annual budget for association that consist of 1,000 units or less.
Q: If the HOA where I am living appears to be in violation of several sections of NRS 116, does the complaint have to be filed with the Ombudsman Office, or could it be filed with the Nevada Attorney General? If it can be filed with the Attorney General’s office, are you aware of the procedure to start the complaint process.
A: By law, complaints are to be filed with the Nevada Real Estate Division through their Ombudsman Office.
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.