weather icon Mostly Cloudy

HOA argument escalates into complaint of bullying

Updated December 3, 2020 - 2:46 pm

Q: During a workshop for the homeowners association Board Member A made a statement and Board Member B didn’t agree. It turned into an argument. After the workshop, there were text messages and emails exchanged. They have not spoken since that day. Board Member B is claiming that Board Member A was bullying them during the argument and has filed a complaint under the bullying policy of the association.

Do bullying policies really apply when two people have an argument? Board Member B says they suffered emotional distress because of Board Member A. But couldn’t Board Member A claim the same thing? Both of them said angry things to each other.

Board Member B doesn’t want A to communicate with them at all. Board Member A knows about the bullying complaint because Board Member B copied Board Member A in their email to the management company.

Board Member A said they are not going to pursue a bullying complaint because it was an argument, bullying was not involved. Board Member A was going to apologize for their part in the situation and then B sent the bullying complaint email, and now they are not.

These board members have worked together for several years and had disagreements on things before and it’s been resolved. They are not friends, just neighbors. In this situation, it looks like each person pushed personal hot buttons for the other person and they both got very upset and it escalated.

If the bullying goes forward, would the other board members even be able to hold a hearing? We only have four board members. A and B would be out of the discussion.

The remaining board members must have their own opinions of the situation. What if they don’t feel they can be unbiased?

Thank you for your time.

A: Without getting political, we have been living under very stressful conditions over the past nine months. It doesn’t look that these conditions will go away soon. I have observed the tensions as I am sure my readers have also seen in situations where in the past, we would not have considered the incident, “big deal.”

The bottom line is that the two board members need to put aside their personal feelings and work for the betterment of the association and your homeowners. If it comes to the point of a hearing, the remaining board members should have the Nevada Real Estate Division become involved. Contact them and find out what options would be best for your association in dealing with a formal complaint, if one is made.

Q: I have been reading your articles on displaying signs in the yard at an HOA. In our community we have plenty of outrageous signs on both sides. However, we recently had a resident fly a Confederate flag. This is upsetting so many people, including me. Would you please tell me the law on flying controversial flags or signs like this.

Thank you for your time.

A: And I thought that I had seen the last of the flag emails! The only flags that are covered under Nevada Revised Statute 116 protection is the flag of the United States of America and of the state of Nevada. You would need to review the association’s governing documents. Often, flags can be found under architectural guidelines or under the rules and regulations. A regulation with the “least of resistance” is one that states that the only flags that can be flown in the community is the flags of the United State of America and the state of Nevada. Any other flags flying would be in violation regardless of what was written on them. The association would then follow its established enforcement and fine policy.

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.

Don't miss the big stories. Like us on Facebook.
HOA says garage cannot be used as gym

Many associations have specific regulations that the garage is to be use solely for residents’ vehicles. This is especially true where parking is limited in the common area

State law supports homeowner keeping his gazebo

ccording to an article that was published a number of years ago by attorney John Leach, “… the enforceability of an ARC violation against an existing or new homeowner with homes that have ARC violations is dependent on several factors including, but not limited to, the length of time the home has been in violation. If the Architectural Review Committee violation has knowingly existed for more than one year, case law supports the conclusion that the association could not successfully enforce the violation.”

HOA boards struggle with virtual meetings

With the recent changes in the meeting restrictions, association boards can continue to do successful hearings using Zoom or Webex. For those homeowners who do not have the ability to attend a virtual hearing, association boards can schedule a personal meeting with the homeowner, abiding by Centers for Disease Control and Prevention guidelines, such as 6-foot social distancing and all wearing masks.

Past time to take down those political signs

Per the county ordinances, the political flags and signs should be removed as the election is over. Please remove them so that you don’t become a recipient of a violation letter or a hearing/fine letter.

Content of HOA emails determines who can receive them

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.

Upstairs condo may have damage from past flooding

Call the management company and asked for the name and contact number of the association’s insurance company. The insurance company should have some information concerning the original leak.


Panattoni Development Co. has been recognized by the Southern Nevada Chapter of the Society of Industrial and Office Realtors (SIOR) as the 2020 People’s Choice Developer of the Year. This is the company’s fourth consecutive People’s Choice Developer of the Year recognition.

Homeowner not exempt from car being towed

I do not believe you would be exempt. You should send a written request to your association asking for an extension of time for you to register your car.

Home prices set record for sixth straight month amid pandemic

A report by Las Vegas Realtors (LVR) shows local home prices setting an all-time record for the sixth straight month while sales keep increasing and the housing supply keeps shrinking.