Last Straw

So what were they supposed to do exactly? Define the "Job"? The police are the ones that create charges. They are the ones that should have responded. The police should have found the person or person(s) responsible for them to press charges. It is the court system that drops or enforces the charges.

Sounds like the police responded and kicked the people out. Now could they have chosen to press charges and take them to jail? Yes. They just choose to let them go for reasons unknown. IF they had been arrested instead, the board would have had to vote on pursuing the charges the police had written in a court of law. It's an entire process not a knee jerk 1 person decision.

Now I have had this happen in my HOA on a few occasions. The police most likely didn't care much this was in a HOA. The "crime" was on private property to them. Their priority was to remove them from the premises. Now if they had refused or caused additional incident, then the matter could have been pursued farther. Instead, the police decided it was best just to make them leave than pursue charges. Plus the police would have had seen the sex acts and/or drug use first hand in order to have pursued those charges. All they saw was people not belonging to the place needing removed.

I agree the directors' job is to promote property values and particularly through ensuring the safety of the grounds. Like you, I think directors should 'be a presence' when incidents arise like the incredibly serious one you described. Also yes, an 'agent in charge' was essential in this case.

Do you have owners willing to step up to replace any director your group successfully recalls? Door-to-door seems usual for obtaining the requisite signatures on the petition cited below. In this case, it's nice that a supermajority is not necessarily required to achieve removal. Per your citation:

NRS 116.31036  Removal of member of executive board.

1.  Notwithstanding any provision of the declaration or bylaws to the contrary, any member of the executive board, other than a member appointed by the declarant, may be removed from the executive board, with or without cause, if at a removal election held pursuant to this section, the number of votes cast in favor of removal constitutes:

(a) At least 35 percent of the total number of voting members of the association; and

(b) At least a majority of all votes cast in that removal election.

2.  A removal election may be called by units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association. To call a removal election, the units’ owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If a removal election is called pursuant to this subsection and:

(a) The voting rights of the units’ owners will be exercised through the use of secret written ballots pursuant to this section:

(1) The secret written ballots for the removal election must be sent in the manner required by this section not less than 15 days or more than 60 days after the date on which the petition is received; and

(2) The executive board shall set the date for the meeting to open and count the secret written ballots so that the meeting is held not more than 15 days after the deadline for returning the secret written ballots and not later than 90 days after the date on which the petition was received.

(b) The voting rights of the owners of time shares will be exercised by delegates or representatives as set forth in NRS 116.31105, the executive board shall set the date for the removal election so that the removal election is held not less than 15 days or more than 90 days after the date on which the petition is received.

Ê The association shall not adopt any rule or regulation which prevents or unreasonably interferes with the collection of the required percentage of signatures for a petition pursuant to this subsection.

3.  Except as otherwise provided in NRS 116.31105, the removal of any member of the executive board must be conducted by secret written ballot in the following manner:

(a) The secretary or other officer specified in the bylaws of the association shall cause a secret ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner.

(b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

(c) Only the secret written ballots that are returned to the association may be counted to determine the outcome.

(d) The secret written ballots must be opened and counted at a meeting of the association. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

(e) The incumbent members of the executive board, including, without limitation, the member who is subject to the removal, may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.

(Added to NRS by 1993, 2354; A 2003, 2231; 2005, 2596; 2009, 2799, 2885, 2917; 2011, 2434)

My 1st post, I just had to jump in on this one.

" what is it you think I should do?" Is a very valid question. Many Board members are totally uneducated on their responsibilities to serving on a Board. Did you ask them to come down to the pool to help with the process? Perhaps if they were told why, and if they were available, they may have come. Or did they just refuse to come?

Is security paid for by the HOA? Why didn't they get there sooner?

Our community calls for a Board of 5. We have 3 Board members, 2 live off property. I am the only Board member that lives here. I can not be on call 24/7/365. Though I feel like I am. I take vacation days from work to handle HOA business. People knock on my door without regard, call me at work, text me, catch me at my car to talk, flag me down in the parking lot, yell at me, the list goes on. Is that part of my JOB?

I had a similar situation. Board voted to deny pool access to a nuisance residence by hearing. He was informed, but showed up at the pool anyway. Fortunately, I was there at the time. I called the police and showed them the hearing result on my phone. I then had to tell him with police present that he was not to use the pool and if he did it would be considered trespassing and police would be called.

Since your situation is with non-resident's it's doubtful that they'll be back. If they do then call the police and have them removed.

Our CCR's contain the information necessary to call a Special Meeting. That meeting can be called to re-call a Board.

Thank you Tim. After 5 years on the Board I have learned to use all your suggestions. They help a little except when no one remembers or thinks that their issue is very important.

I look at every question, incident, or issue as an opportunity to learn more about HOA's and people. Every opportunity I have, I try to educate the owner's about HOA's. That has helped me tremendously and so has this forum. The Board can not simply solve every issue to everyone's satisfaction immediately.

Board members are unpaid volunteers, giving their time and energy to their community. They do not have the background to always know what to do. If they're good, they really try and educate themselves and ask others for guidance. In the case of the OP's post, with an immediate response needed, the Board member may not have known what to do, but hopefully they will next time.

Congrats on the committee.

MabelF it is probably best to make a new topic on the main page. We could address your individual issues a bit clearer and better.

We have to read between the lines here when someone posts. Only getting 1 side of the story doesn't help in finding mutual solutions to the issues.

Reading some of your items wanted to point out a few things. Your HOA is the responsibility of the owner's to take care of. You just elect a board to handle the HOA business on a daily basis. That board decides they hire a MC to assist them in those daily duties. That is why you have a MC. They are NOT members of your HOA. They are paid contractors to the HOA. So best to understand the relationships involved.

Your board is unpaid volunteers. Doesn't mean that they can't be reimbursed for making purchases for the HOA if approved. For example our HOA did not have a check card. So if we had to buy something even as small as paper towels, we had to use our own money and be reimbursed after the next meeting. So don't assume when you see a check written to a board member that they are getting kick-backs or money from the HOA. It's most likely because they spent the money first.

The lawyer expense you mention. Some HOA's keep attorney's on "Retainer". When you do that it can cost thousands of dollars. It means you pay them to keep them but you still pay them an hourly rate for their expenses. So if your HOA kept a lawyer on retainer then you will see thousands of dollars a month being paid out to them. Now if the new board decides they don't want a lawyer on retainer then the expense goes down some. They will charge a different rate per job. I would never keep a lawyer on retainer but that is just my opinion.

Also noticed you are writing them letter to tell them what you want. Too bad life doesn't work that way. I always say if you write your HOA with a problem you best include a solution. Otherwise the board will provide you with theirs. Which they still can if they don't agree with your solution. That is because it's ALL members not just one the board has to look out for.

They're the board of directors, not TJ Hooker. What's a timely manner for security? Do you have full time 24/7 security? Do you want to pay the dues that enable that? Why are you mad that the BoD didn't show up immediately. That's not their job. They run the association via board meetings. They're not police/security either.

I'm getting a big overreaction vibe here. You haven't said anything that needs to be done here other than you're mad, for no real reason, at the people who run the association.

I realize with a self-managed HOA that directors often have to take on responsibilities that would fall on a manager but I have the impression you have a manager (if CM = community manager) and this is not something that would normally be the duty of a director.

Is there something in your governing documents that make this a duty of the directors? In most cases a director, or even the president, would not have the authority to ban someone from the property anyway because they cannot act individually. The only authority the BOD generally have is to make decisions at meetings.

I'm sure there is some legaleeze in the CC&R's that say the BOD have to perform all aspects of the job as prescribed by law, that would include executing a trespass citation. And that legaeeze is reverted to chapter 207 in the Nevada Revised Statutes. And YES any and all authorized agents can trespass anyone from private property here in Nevada. And that is the important element, why a BOD of was needed. The two other BOD's were not available when I texted them.

I work in the security Industry, and I have to trespass people every single day, it is a legal process that requires paperwork .