Nevada LLC question

Can a resident in a complex run for the board as the residents name, get elected
then serve as the LLC name?
For example, run for the board seat as John Smith, win the election
but now serve as John Smith Properties LLC.
Thank you!

That is a question for your PMC. Quite honestly if you are the trustee of the LLC you should be able
to run as your given name not the name of the trust.

They are running as their name John Smith then once elected they serve
the community as Smith Enterprises LLC
Our PMC won't respond.

I presume this is a condo, subject to the NV CIOA and possibly NV's condo statute.

Observations (double check my findings, please):

-- Nevada statutes do not require that directors be "natural persons."

-- The Nevada NFP statute requires officers to be natural persons.

-- The NV NFP statute says that committee members must be natural persons, unless the bylaws or AoI say otherwise.

Please answer TimB4's question(s).

Please quote all your bylaws say about who can be a member.

Please quote all your bylaws say about who can be a director.

This sort of question has come up before. I believe the answer will tend to be state dependent.

If some kind of fraud is your concern, I would let the latter go. Instead my answer depends on your responses to the above queries.

I applaud the PMC for refusing (so far) to respond. This question is outside their bailiwick.

If the property owner is an entity (an LLC), then the corporation can assign whom they wish to represent them.


In my opinion, the individual who ran should be the individual who serves regardless of what name they serve by.
The membership voted for an individual, not a corporation.

Otherwise, Who cares what you call yourself. Any legal document would have to be signed using one's legal name and not what they choose to be called.

Regarding the conflict:

I don't believe it would be considered a conflict of interest (just as it wouldn't be a conflict of interest for any member) unless the Board was voting about a request of the LLC or to bring legal action against the LLC (or any elected member).

Yes, I agree that they should have been more clear about it prior to the ballots being cast.
However, that fact alone wouldn't (in my opinion) create a conflict of interest - just a scummy thing to have done.

Not to play lawyer but an LLC protects ones assets. It could be he did it because being n the BOD he felt he was maybe more liable. More liable for whatever I do not know what, but I expect he feels this is one way to protect himself.

Likely why the MC changed the name to the LLC