Nevada Help

Started by DeliaK • 21 replies • 400 views

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DeliaK
Posts: 20

Posted:

Hello,

I need some help with NV rules. We have a board that hasn't been watched ever and now residents are upset and questioning many things
but our mgmt company isn't helping. I need to report the board and the mgmt company, how does one do that?
Our bilaws state we have to have a meeting every 90 days, we aren't. They messed up on several mailings even admitting that one budget meeting notice
wasn't sent out on time for residents to receive before the meeting. The board canceled the annual meeting next week and changed it to March due to an error
on the ballot. That means the current bod members (2) whose terms are up are now extended. How can they do that? And won't the 2 who get elected have shorter terms? I don't think they have a clue and the mgmt company aids in all the non-sense.

Thanks

WendyM5 (North Carolina)
Posts: 1,522

Posted:

NV is one of a handful of states that have an ombudsman program
to file complaints agaisnt hoa boards, good luck. please follow up with any success you ahve.
https://business.nv.gov/Homeowner/Homeowners_Association_Complaints/

vis ta vie

DeliaK
Posts: 20

Posted:

I am on it! thanks!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

First the responsibity for your board is on you and your neighbors. That is where need to start. Bad boards are produced by bad neighbors. Meaning apathetic or non responsive. Get involved and read the CC&Rs. The Management company is not in charge of the HOA. They work for them.

So if you and neighbors do not like things and not Developer owned, then start by applying the rules. Vote the board out and vote for new people in.

No one can resolve your issues except for the ones having them.

Former HOA President

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By MelissaP1 on 01/27/2023 11:09 AM
Bad boards are produced by bad neighbors.

WTH? please ignore this babble and just to the website link I provided above. Melissa thinks every needs to spend 2 years fighting the powers that be instead of just talking to the governmental offices that were appointed by law to do that kind of stuff.

vis ta vie

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If a HOA is made up by the homeowners then it would be ONLY the owners/members who make things right. Otherwise your asking OTHERS to do it for you... As stated by an ex President who picked up their bootstrap and fixed up their HOA.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Say, Delia, how many directors do your Bylaws say you're supposed to have? Almost always, they specify an odd number.

How Amy y units or detached homes in your HOA?

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By MelissaP1 on 01/27/2023 11:52 AM
If a HOA is made up by the homeowners then it would be ONLY the owners/members who make things right. Otherwise your asking OTHERS to do it for you... As stated by an ex President who picked up their bootstrap and fixed up their HOA.

maybe in your state, but other states have different laws, therefore your myopic view of how things works is wrong.

vis ta vie

KerryL1 (California)
Posts: 14,550

Posted:

Do follow Wendy's advice and contact the ombudsman. The thing is, we've never seen a report here about whether the agency is effective. And maybe Wendy can tell us how long it typically takes to get results. But there is no agency that watches over HOAs "We have a board that hasn't been watched [o]ver..."

I don't know if the PM's mailing errors, which delayed the election, will capture the ombudsman's attention. I don't know if even their failure to hold board meetings quarterly will capture their attention.

Wendy is wrong to write that action by a group of united owners to vote out a bad board takes 2 years. From my real real experience, a bad board was weakened for one year and gone at the end of that year. In the second case in my HOA, enough of a bad board was voted out that the new directors combined with previously 2 outgunned good directors took over in one day. You need some folks willing to run for the Board.

In both cases, it took unified owners about 6 months to meet, educate themselves, gather, Put on a "workshop" for owners, plan, and campaign hard, mail out flyers Lotsa work. Any chance you & hopefully a few others can get several of you to be active agents in changing your HOA? So Melissa is right--bsically owners need to act according to your Bylaws to get rid of this Board.

LetA (Nevada)
Posts: 2,679

Posted:

Delia start by going to the Nevada secretary of States office and look up your board of directors. Second, file a complaint with the ombudsman office.
request copies of meeting minutes, request a copy of the current budget, request a copy of the current financials.
Lastly find out when the next board elections are and nominate yourself.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By KerryL1 on 01/27/2023 5:43 PM

Wendy is wrong to write that action by a group of united owners to vote out a bad board takes 2 years.

the time to remove a bad board varies. Melissa has mentioned in the past that it took her 2 years. so I'll stand by what I wrote, which is different that your interpretation that it applies in all cases, which is wrong.

vis ta vie

DeliaK
Posts: 20

Posted:

Well I kind of see what you mean but the BOD President owns about 10 units here and typically only 30 people vote so you do the math

Plus onsite is about 65% rentals so hard to reach owners here. I don't mind going door to door but if I am reaching mostly
tenants won't do much for my case.

DeliaK
Posts: 20

Posted:

Elections are now. I'm not interested in running at the moment, I will wait till next year to take the head off the snake so to speak

One things that worries me is the board can remove anyone from the board so I fear I would be voted off by the board in my first 30 days hahaha

DeliaK
Posts: 20

Posted:

bylaws state 5 but what I learned today is b/c of the delay in the annual meeting, 2 were removed from the board b/c their
terms expired. I have never seen things done this way. I had a lengthy email with the CM b/c I kept saying that now the new terms
would be shortened. She said no, the terms are all 2 years. The 3 currently on the board now terms end on 2 different dates in December and now these new 2 (or incumbents) will be starting their term in March.
Again I have never seen anything like this.
I will heed the advice and write in. I love the idea of getting a group of residents and educate themselves too.
We have many residents who don't know any of their rights and are so impressed when I ask for something so simple like financials.
I do my best to hold the board accountable and I verify ALL they or the mgmt company tell me, I have zero faith or trust in them.

Thanks

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By DeliaK on 01/27/2023 9:47 PM
bylaws state 5 but what I learned today is b/c of the delay in the annual meeting, 2 were removed from the board b/c their
terms expired. I have never seen things done this way. I had a lengthy email with the CM b/c I kept saying that now the new terms
would be shortened. She said no, the terms are all 2 years. The 3 currently on the board now terms end on 2 different dates in December and now these new 2 (or incumbents) will be starting their term in March.
Again I have never seen anything like this.
I will heed the advice and write in. I love the idea of getting a group of residents and educate themselves too.
We have many residents who don't know any of their rights and are so impressed when I ask for something so simple like financials.
I do my best to hold the board accountable and I verify ALL they or the mgmt company tell me, I have zero faith or trust in them.

Thanks

double check your bylaws and what they say about removal. many bylaws state officers can be removed by the board, which is different than directors.

Our bylaws for example say over 50% of the members must vote to remove a Board member.

https://red.nv.gov/Content/CIC/Program_Training/Frequently_Asked_Questions/Elections_and_Board_Member_Removal/#:~:text=A%20removal%20election%20is%20held,majority%20of%20all%20votes%20cast.

above link explaints thhe law in detail.

vis ta vie

WendyM5 (North Carolina)
Posts: 1,522

Posted:

also terms should not be based on when the board member is elected. Look at your articles of incorporation and when they were signed. Lets say Jan 1, 2020.
that means new terms are
1/1/23
1/1/26
1/1/29
etc.
the way you described is wrong and unfortunately how many HOA boards do it. It leads to confusion about when elections are and therefore abuse of power by people
taking advantage of the confusioon and staying on the board longer than they should.

vis ta vie

DeliaK
Posts: 20

Posted:

I will review.. thank you so much for the help! I know for a fact they are doing things incorrectly but the manangement company (useless)
says they are not. I will not give up.

KerryL1 (California)
Posts: 14,550

Posted:

As Wendy correctly wrote, usually only owners with their votes can remove directors from the Board via an action called recall.

Wendy is wrong to rely only on Melissa re: how long it takes for owners to vote out a bad board. I gave two true examples in my HOA and didn't intend for anyone to generalize from just two instances. It could, of course, take two election cycles.

With so many absentee owners you're right, Delia, it is harder to get owners to act and a group that you might form must mail out eye-catching flyers to them. You'll need to email them too (We have 25% landlords & another 13% who're here part-time)

Your bylaws are far more likely to tell you when terms end than your Articles of Incorporation. Wendy may be generalizing form only his HOA's articles.

Terms start at an annual meeting. Stuff does happen to delay them; we've had a couple delayed a month & five weeks due to PM screw-ups with deadlines. So this probably happens in other HOAs too. But usually your state's corporation codes, if your bylaws are silent on the topic, state that current board members continue to serve until the next members meeting to elect directors.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By KerryL1 on 01/28/2023 9:35 AM

Wendy is wrong to rely only on Melissa re: how long it takes for owners to vote out a bad board. I gave two true examples in my HOA and didn't intend for anyone to generalize from just two instances. It could, of course, take two election cycles.

this is getting old, just because you can't read and interpret things correctly doesnt' make me wrong. your assuming incorrectly is the only error here.

vis ta vie

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DeliaK on 01/27/2023 9:40 PM
Elections are now. I'm not interested in running at the moment, I will wait till next year to take the head off the snake so to speak

One things that worries me is the board can remove anyone from the board so I fear I would be voted off by the board in my first 30 days hahaha

You have to read your Bylaws about removal of Directors and/or Officers. Officers and Directors are not the same thing. Typically Officers are also Directors but not all Directors are Officers. Typically Directors alone elect their Officers. Typically the only way to remove a Director is the same way they were elected such as by fellow owners or appointed by the BOD.

DeliaK
Posts: 20

Posted:

I did read it

and best to my recollection the bylaws stated that the board could remove a board member but I will go back and double check.
They were most likely written by the Presidents father as he purchased the entire complex and then sold them off as condos.

KerryL1 (California)
Posts: 14,550

Posted:

If your assn. is incorporated, it must have bylaws. They are almost always written by lawyers. Do double check & make sure your see the difference between officers and directors.

How many units in your HOA?

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