NV Reserve Study not completed

Norman

If you go to Nevada Legislature page and then mouse over the assembly or senate tabs on the left side of the site, there are links to contacting them.

The MC would only slide by if the BOD allows them to.

The BOD would only slide by if the membership allows them to.

VA has a similar law that a reserve study must be done every 5 years. However, it is not reported to any State agency, just the membership. I'm not sure what penalties a State agency could impose for failure to file one (fines perhaps).

Are you a member of you Board? I ask because there would be different suggestions to handle the issue based on what direct authority you have.

As a Board member, you need to read the contact for the MC. Then specify why the study was rejected and, using specifics in the contract, demand that the MC fulfill it's obligation and provide a proper study.

As a member, you need to pressure the board, citing the law, and ask when wil the study be done. Hopefully, you gather other members to support you.

If I may ask, what is it you want your State lawmaker to do?

What penalties does the current law have in place for not filing a report?

Tim

To TimB4;

Thanks for the information, but before I go diving into The Nevada Legislature’s domain, I need to explain further. No I’m not a board member, I am a homeowner advocate.

You said;

“The MC would only slide by if the BOD allows them to.”
And
“The BOD would only slide by if the membership allows them to.”

The Facts are: The BOD did allow the MC to slide. They were completely aware that they had not put in place a new reserve study in more that six years. And the next reserve study that was adopted by the BOD was one that OMMITTED the Date of Transition (which was June 01, 2005) (The Reserve Study began its calendar on Jan. 01, 2006). Thus they let the developer “Slide” also. (In Nevada, at the time of transition, the developer is SUPPOSED to provide a new RS and fund it adequately.) Bottom line: Because the event took place more than 1 year ago, the Ombudsman is NOT interested, so no penalties are to be considered.

As far as the membership goes, the vast majority of our member do not even know (or care) what the BOD does.

Lastly, we here in Nevada still have a “Western style” form of State Government. What ever new laws are enacted that the developers do not care for, are soon “remodeled” by the lawyers who lobby for the developers.

As for your statement; “As a member, you need to pressure the board, citing the law, and ask when will the study be done. Hopefully, you gather other members to support you.”

For two years I HAVE been “pressuring the board, and citing the law” but again I point out that it was over and done with on June 01, 2005. The Board hid the facts from the members until the States “time limit” expired.

Now because of the “pressure” I put on the Board and the Management Company, I am being persecuted by both. I’m mad as hell, and I will co-operate with any State or Federal investigator that is willing to listen, so if you know of any just tell them to contact me.

To TimB4;

Thanks again for your advice and concern.

I don’t know if it ever happened to you, but I can recognized the fact that you are concerned and you acknowledge that “those who are in the wrong go after those that point out the fact that something is wrong”.

Where I live in Henderson Nv. it is a 55 & older community of residents who rarely (if ever) even go to a board meeting, let alone get involved in the decision making actions made by the BOD. The entire BOD is comprised of a political faction that calls them selves the “UNITY” party. They were responsible for the reserve study fiasco in the beginning, and they are continuing a cover-up of the events I described earlier.

This may just “make your day” or at least put a smile on your face. Recently they conducted what they call a “look-back” to find out just exactly what the developer DID owe to the residents on June 01, 2005. What they found out was that they left a lot of money on the table when they allowed the developer to leave WITHOUT adequately funding a new reserve study (that was required by law, but never done). This “Unity” bunch has also accepted rec center buildings from the developer that were not even up to code and the residents money now has to be used to upgrade the “new” buildings to acceptable standards.

The “Unity” gang not only has a “lock” on the BOD. They also “pass muster” on those residents who are appointed to the committees. What better way can you think of if you wanted to hide the facts from prying eyes? I’m sure you know the old saying “Where there’s smoke – there’s fire”, well here in Henderson Nv. the smoke is so thick you can cut it, but the elections are controlled by committee’s so guess what?

The Henderson Nv situation is far more than “a shame” as you put it. It needs to be investigated.

Off Subject...but.....one last post to Clarify my posts about allowing Home Owners to have "Informational Voting Rights" using the Internet from the convenience of their Home Computer 24/7 365 days a year!

Apparently? This idea is so foreign that most of the posters here on this Forum think my idea is beyond grasping............sigh.

I now realize that I should give up trying to explain my idea? Instead? I need to enlist a Brand New Graduate of the CAI Institute........pay him or her to work for a Community using my ideas from DAY ONE!

Setting up a Website/Message Board that is mailed to every single Home Owner, letting them know that everything.....Minutes, CC&Rs, Board Member Names and their Info will be posted in writing on the Message Board.........ALL ISSUES concerning their Community will be posted Daily/Weekly, whereby every single Home Owner gets to give their input in writing on this Message Board.......BUT....most importantly! Every Single Home Owner also gets to VOTE on every single ISSUE! ONLINE! DAILY!

Then? If the Board goes AGAINST the Home Owners on any particular issue? 'That' fact will be posted on the Message Board............and come Election Time? I would think that particular Board Member would BE VOTED OFF THE BOARD!

Then? I can quit trying to explain my idea? I would be able to show everyone? AN EXAMPLE of letting ALL Home Owners who "HAVE A SAY IN THEIR HOA" - 24/7 - 365 Days a Year!

Keep checking HOA1234 Dot Com for New Developments in achieving this very thing! .............Sam

Sam, Tim and others have asked, now I will too. What are "Informational Voting Rights"? Do you mean letting the homeowners vote on every action of the Board? Not only would you need to change every Associations CC&R's to allow this, you would need to change every State's Corporations Codes.