HOA rules still in effect; board can be recalled

Q: Could you help my community? It is falling apart. I am collecting signatures from the owners who live in the property, but I have questions regarding the bylaws and the covenants, conditions and restrictions. Please see attached papers and let me know what we can do to remove the board that has been there for years — same president. The management is not doing its job and has just increased the monthly fee when it said there was enough money to cover the repairs of seven balconies, which, in the end, only four were repaired.

Please guide me with the steps that we have to follow to remove these people. The treasurer is buying condos to convert them into Airbnb. Management has said that is not allowed in the community and he has several units.

I checked with the ombudsman’s office, and the lady told me that the CC&Rs are good only for 20 years, and our CC&Rs are older than 33 years

I just need guidance to follow the law and take steps to make sure my investment is taken care of by responsible and honest people.

A: After reviewing your CC&Rs, section 10.4 pertaining to the extension of the declarations, your CC&Rs do not terminate until Dec. 31, 2023. Also, they are automatically extended for successive periods of 10 years unless the owners execute and record at any time six months prior to that date or within a six months prior to the end of any such 10-year period to terminate them. The information that you received was incorrect.

Removal of board members fall under Nevada Revised Statute 116.31036 (2). A removal election may be called by the homeowners constituting at least 10 percent or any lower percentage specified in the bylaws of the total number of voting members of the association. The unit owners must submit a written petition that is signed by the required percentage and mailed return receipt requested or served by a process server to the board or to the community manager. Once the association receives the petition, they have not less than 15 days and not more than 60 days from receipt of the petition to mail secret ballots for the recall of the director(s). Each unit owner would have 15 days in which to vote and return the ballot.

To remove a director(s), there are two requirements: First at least 35 percent of the total number of voting members of the association cast a ballot, and second, of the ballots cast, a majority must vote in favor of the recall.

Q: We are having a debate within our board. Can the president make a motion or just second a motion? Thanks for the info.

A: Yes, the board president can make a motion, but he or she should pass the gavel to the vice president during the discussion-debate and voting on the motion. After the motion has been passed or failed, the gavel would be passed back to the president as the chair of the board.

Q: You were instrumental in helping me with my other questions, and I thank you. I did just recently get elected to the homeowners association board in my community, but we seem to have a president who thinks he is the only one who has a say or until he votes on something it cannot be approved.

So, here is my question and I have looked in the CC&Rs, bylaws and other rules, and cannot seem to find an answer. We have a unit owner who has submitted written request (email) and a picture of a table he would like to put out while he is here seasonally. Myself and another board member have agreed that we see no problem with it, but the president won’t vote and, unfortunately, he has the other board member in his back pocket and the fifth vote would be from the board member who is the same person asking if he can put his table out.

So how long can the president and the other board member hold off on voting. Is there a timeline/time limit once all board members have been notified in writing (email) of the unit owners request along with pictures. Any and all information would be greatly appreciated.

A: Most governing documents have a section, usually in the bylaws, where a majority of the directors can override the president as to the placing of an item on the agenda for consideration.

At your next board meeting, under new business, you can try to introduce the motion. One last comment, the board can remove this homeowner as the president and select another board member to be president. That does not remove the current president as a board member, just takes away his position as an officer of the board.

Barbara Holland is a certified property manager (CPM) 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.