BOF Eligibility

Read your CC&R's on board member candidacy requirements. It very well may be that you should not of held your prior position at all. Are you so sure about the cc&r's not including this? If the mc made this decision and it isn't documented anywhere what legal rights to they have and I would ask them to present the legal proof of what they are making thier own independent judgment on candidacy requirements on. It sounds bad on this end

This is a link to the Nevada's Common Interest Development Laws, something there may be of assistance: http://www.leg.state.nv.us/NRS/NRS-116.html

MonicaE,

Unfortunately, I won’t be of much help, due to the fact that our governing documents (as do many) have specific requirements. One being that their name is to be listed on the deed to be a board member. Although, reading what you have already written. I’m lead to believe that owner apathy and lack of involvements is (as is in many, lack of a better word) pretty pathetic!

“IF” this is the reality, why were you elected to the board in previous years? As posted above, the MC (new MC or documents) works for the board (community in essence). Therefore, the MC should be able to provide you with the requirements, to make you ineligible to be a board member, from YOUR by-laws.

THE MC ISN’T AND SHOULD NEVER HAVE THE LAST WORD, “YOU’RE PAYING H/HER TO PROVIDE YOU WITH SERVICES AND LEGAL ADVICE, THAT IS ALL”

I’m not following your post entirely. Although, I think you’ve explained enough for me share with you, my thoughts. First of all, couldn’t you provide your marriage certificate as “proof” that you are married? Therefore, according to state statue as a legally married couple, you would be partial owner. Thus, being married would entitled you to 50% of the husbands assets, i.e-the house, etc.). MEANING YOU WOULD BE ELIGIBLE TO BE A BOARD MEMBER, IMHO!

I could see this problem rearing its ugly head up “IF” this was your first term “running for position” but that isn’t the case and I’m certain the community would be a little disappointed to know that their PM is denying a member who has put worth so much only to be held down by such foolishness.

Keep us posted as often as possible. I’m curious to know if their decision changes.

Chuck W.

Monica,

I have a possible solution for you, but would need to see the EXACT language in your CCRs/ByLaws.

Ohio changed the law to include spouses but not live-ins for condominium associations:
5311.08
Every condominium property shall be administered by a unit owners association. All power and authority of the unit owners association shall be exercised by a board of directors, which the unit owners shall elect from among the unit owners or the spouses of unit owners. If a unit owner is not an individual, that unit owner may nominate for the board of directors any principal, member of a limited liability company, partner, director, officer, or employee of that unit owner.

EVERYONE!

IMO, you all are beating a dead horse! I guess none of you read my earlier response. Monica's name is NOT on the deed therefore she is NOT an owner of the property and ineligible to run for a board position. She stated her docs state you MUST be a member to hold a board position. Just because NV is a community property state DOES NOT grant her ownership of the property. That can only be accomplished by having her name placed on the deed!!! If she wants to hold a board position that badly then she must convince her husband to prepare an amended deed with her name on it. Otherwise she will have to be content to be a bystander with no voting rights and no right to serve on the board. Perhaps she can serve on a committee if there is no provision against that in the docs.

Robert,

I suggest you read the definition of "power of attorney" from "law.com dictionary":

power of attorney
n. a written document signed by a person giving another person the power to act in conducting the signer's business, including signing papers, checks, title documents, contracts, handling bank accounts and other activities in the name of the person granting the power. The person receiving the power of attorney (the agent) is "attorney in fact" for the person giving the power, and usually signs documents as "Melinda Hubbard, attorney in fact for Guilda Giver." There are two types of power of attorney: a) general power of attorney, which covers all activities, and b) special power of attorney, which grants powers limited to specific matters, such as selling a particular piece of real estate, handling some bank accounts or executing a limited partnership agreement. A power of attorney may expire on a date stated in the document or upon written cancellation. Usually the signer acknowledges before a notary public that he/she executed the power, so that it is recordable if necessary, as in a real estate transaction.

As I stated earlier, you cannot give a power of attorney to run for a board position!

Whatever the boards motives, they are correct in denying Monica the ability to run for a board position. SHE IS NOT A MEMBER OF THE ASSN!!!

Robert,

Please know that I certainly mean no disrespect, but I do believe you have a stumbling block in regard to what power of attorney means and also what member means. A power of attorney gives you authority to conduct business (not the same as managing and participating in all their legal rights as you state) for the individual granting the power of attorney. It does not mean you can run for a position on the board for them. And just because her spouse owns the property (only his name is on the deed), doesn't mean she is a member of the assn. Monica was very explicit in saying only "members" can hold a board position. Yes, those 6 couples are members, but only if ALL their names are on the deed. And no a husband and wife who jointly own property are not entitled to 1/2 a vote each. Most docs say one vote per unit; if there is more than 1 owner then all the owners must agree on who will cast the vote. Some assn's do allow one vote per owner, but that is not as common.

You asked: "If you happen to be on the deed along with your wife, can only one be a member?" Of course the answer is, "no, both are members." However, Monica's name is NOT on the deed, therefore she is NOT a member. I think you're confused with Monica's remark that NV is a commuity property state. In my first response, I explained what that means and it does NOT mean she automatically is an owner of the property. Granting her power of attorney will not make her a member either, at least not in the sense that she will have the authority to run for the board.

Mary A1,
I have also done some research on the Power of Attorney to appoint spouse that is not listed as owner on deed.

One opinion sides with your conclusion and then goes on to say the reason is the associations want only those people with vested interest in the association to effect how the association is run. To me, and in my association documents there is no statement that the owner of record has to demonstrate his actions will result in benefit to the association.

But I stand corrected that there is a legal opinion to this effect. In a practical sense I think an association would be doing an injustice to the whole if they would arbritarily allow this particular individual to contribute to the association as a committee member or count the vote of a unit that for some reason the spouse happens to not have her name on the deed. There are all kinds of reasons to use different names of owners. Do you have Companies, say LLC's that have title to a unit and have the companies name on the title but no individual person and you allow that person to vote the vote if there is a letter from the LLC appointing him their representative? That does not make him an owner except what he has vested in the company, and that could be no vested interest in this association at all but could have majority ownership of the company as a whole or serve as the role as "member" in any number of associations.

MaryA1,
I will certainly bow to your knowledge regarding Community Property regards marraige. In fact you sound more knowledgeable about the law than I.
In a Community Association, as you are aware, all laws do not fit the fingers of all association, nor do state requirements, nor do individual associations. If I remember the Post by Monica, she said she felt she had something to offer and was turned down by a Board for the reason her name was not on the deed of her husbands property. I, for one, believe her effort to help the association far outweighs this minor difficulty with the Board proclamation. Their stance to a man should have been that they will do whatever they can do to see that she is considered for the Board, there seems no doubt of her sincerity, I would be glad to have her.

I suspect you feel this way also and would agree, that any action that degrades the association should be corrected and any action that helps the association should be lauded. Old Bruce or maybe young Bruce says the hierarchy does not go from the top down but from the bottom (members, council, council, owners, whatever you call them), up to the President.

Your posts providee interesting and valuable help to this site, and I thank you.

I appreciate everyone's feedback.

After speaking with my husband on this issue, he put my name in a trust for this property after my ex-husband passed away four years ago. I was not aware of this; however my husband provided our management company with a notarized document that stated I was the executor of the property. Now, in my mind changes everything.

I have to admit when I was president, I was very effective and made many positive improvements in the community. Since I held the seat of a director, my hands were tied as the current officers wanted everything to be handled through the management company. I do Not want everything to go through the management company and feel board members should take an active involvement in the community, which is why I believe the manager left me off the ballot. Even the President and VP do not live on the property, but still own their unit and have it rented.

I am a hands-on person and feel people who run for the Board should also be hands on. A CM does not live on the property nor does he/she have a vested interest in the value of the community. I do. To be eliminated from the ballot after serving four years, is ludicrous to me. What more can I do?

Monica

To all,
I hope the problem is solved to the advantage of the association. There is more going on here than is coming across. But that is normal and likely to be personal in nature. I am sure all agree these kind of hearsay problems generate a lot more words than action, or benefit. I am certainly Monica's latest is not the end to the problem.

Glen makes sense because he is proposing a solution, however it could likely throw coal on the fire. Monica's perdictiment with absentee Board members is greatly suffered with no end to how much harm this does. Some will disagree but I have yet to see an owner come to live full time in a condo after renting that did not say, they didn't understand what it was like to be present 24/7. I also have to cast blame on any management company that would make such a decree. They do not set policy, or make rules, they offer professional services not political strategy or council beratement and the Board is certainly to blame for allowing them to take this kind of action. I hold that some Boards are capable of controlling a management company but that does not mean giving them member control. Why is it so difficult for some to accept the members are granted and hold the vote, the power, and they also fail to realize all decisions must be made for the benefit of the real property in a condominium. All else is smoke and mirors. It is time for this Board and this membership to go back to basics and rebuild the management structure. Probably the most common failing of all condo management is to get off track little by little until nothing works right and the mandates are hiding in the trees.

Donald,
I applaud your efforts to get the mess cleaned up and that is just what you will be doing. Unless you have experienced something like your situation, it is impossible to realize how deep seated and far reaching your conditions have become over time. I agree, Apathy is huge, but in your (and mine) situation it was in part a calculated, ego trip and too little knowledge and respect for the association (members and property) that contributed to the situations we are trying to restructure. I have lived here for 18 years, have fought for 18 years and certainly Apathy played a part, but, not on my watch, and yet, we are just now able to put in position the broom for a clean sweep and that has proved to be ten times more difficult because of individual Board members that became entrenched and to this day, do not realize what they have done. To effect change of this type you need to hang in there and little by little cracks in the power structure occur. These cracks can suck up people of the same ilk you are trying to replace, "birds of a feather, flock together." Apathy has been historicaly changed by education and leadership, witness the Good old USA, we are governed by "roller coaster" politics over the years, up and down. Then we seem to get it together for a while and build up what we have torn down, much like a Regime. In true fact, we are a democratic process, we just do a poor job sometimes.
Witness those giving of their time and effort by posting on this site. Don't claim to know everything or are right fighters, just trying to help a little. Our Regular Board Meeting have been closed since 1981. This month that will be changed. By next April we should be well on the way to getting this train on the track and plans have been made to deal with apathy. I will guarantee we will not dissolve it, but we will make this place a better place for all.

Glen,

I'm thinking you must have missed my responses regarding Monica's situation, as you always seem to be very knowledgeable.

Monica's name is not on the ballot because she is not a member of the assn. Her property is solely owned by her husband. Even now that her name is in the trust (or will) and she is the executrix, still does not make her an owner of the property. She explicitly stated the gov. docs. state you must be a member to serve on the board. She stated that because NV is a community property state that means she is an owner. This is not true! It only means she will automatically inherit that property upon his death. Even then she will have to have her name put on the deed to be legally regarded as the owner of the property. Compounding this, NV is one of the few community property states where the property owner can name someone other than the spouse as the beneficiary of any property he/she owns, meaning the spouse may NOT automatically inherit all the property.

I've written about this til I'm blue in the face but no one here seems to be listening! Very frustrating!!!!

This has been a very interesting discussion, but the bottom line has yet to be reached: as in, can our heroine serve on the Board? The trust stuff, though seemingly of import, establishes nothing. So I'll say again:

Monica,

I have a possible solution for you, but would need to see the EXACT language in your CCRs/ByLaws.

Robert,

You are right. There is more and it began last July during the annual election. After the announcement of the new Board members in June, three of the newly elected Board members and the CM decided to call a meeting in July to elect officers and appoint a friend of theirs to the Board. I was President with one year left in my term, and I received the agenda in the mail like all homeowners. I went ahead and conducted the meeting stating it was in dispute since two other members and I were not aware of such meeting and when a motion was made to appoint the "friend" to the Board, three members voted to appoint this person and two members were opposed and I chose to cast my vote in the opposition. This "friend" had been a chronic complainer throughout the year and was adamant about banning parties in the clubhouse and pool area because he worked at night and slept during the day.

Anyway, I was asked to retract my vote and allow this person to be appointed and when I refused and called the motion denied due to a tie vote, all hell broke loose. The three were yelling and screaming and me and the other two who opposed the appointment and when I called the people "out of order" they started becoming out of control. I said if the meeeting did not come to order the meetig would be adjourned and after continuous yelling, the VP motioned to adjourn the meeting and I did. After the adjournment, the three who were opposed left and the other three members went ahead and appointed their "friend" to the Board without a quorum present and at the direction of the CM. Of course, I filed a complaint with the Ombudsman's office and the CM was found to be in violation of the NRS laws; however his hearing with the CIC commission has not taken place yet because they are back logged. Our community has deteriorated because they don't do anything to maintain the property. One pool is closed, plants are dying, paint is dirty and with graffitti, etc. The people on the Board were getting so many calls from homeowners, they all resigned except me and one other person. Due to my complaint with the Ombudsman's office, I was advised by legal counsel to remain inactive until there is a resolution.

Now, with the resolution still pending, the CM is preventing me from re-running for the Board. I was President for two consecutive terms with the CM knowing I was not on the deed. My husband just told me he had put me on a trust and provided that notarized document to the management company, which is when I was able to run for the Board. Now, that is not enough because the CM does not want me on the Board because he is upset that he has had to pay a fine for being in violation of the law. We have spent over $12,000 in legal fees because the other three members were in support of his actions because they were able to be on the Board. Now, they are gone.

Yes, so that is the story and I want to make a difference in this community once again. I'm sure if I were to be on the ballot, I would easily receive the greatest amount of votes because I have many supporters.

Thanks to everyone and their feedback, but it is almost split and I still don't know what I can do to become a community again versus how we are living today.

Monica

JohnK3,

What is your solution?

"Each Director must be either (a) The Owner of a Unit in the Properties: (b) An officer, employee, agent or director of a corporate Owner: (c) A trustee or designated beneficiary of an Owner which is a Trust: (d) A partner in a partnership which is an Owner: or (e) A fiduciary of an estate which is an Owner:
(Bylaws at Article 3. Section 3.01)

Those are the exact words. Any solution?

Thanks for your help.

Monica E

Monica,

Your quoted ByLaws foreclose my Possible Solution #1. So let's move on to #2. As others, most recently Mary, have noted, you being on a deed would make you an Owner. But not noted yet, I believe, is that, though poorly phrased in the ByLaws (should be AN, allowing multiple Owners, not THE, indicating only one Owner, unless the ByLaw definitions provide that singulars include plurals), they don't indicate what percentages are involved. So....could you receive a deed transferring a 5% or 10% or any workable % interest to you that fits your comfort level? I don't see why not. Pretty simple process. Probably wouldn't even have to be registered in the chain of title, though it would nonetheless be valid as between you and your spouse as long as it was properly executed under your State requirements. And when the BOD starts pointing fingers and accusing you of only possessing the deed for purposes of being eligible for the BOD? You smile and say: "The deed speaks for itself. Any other questions?" Consulting an attorney would probably be your best first step, though forms are easily accessible via the Internet or office supply places. For an additional fee, operations like LegalZoom.com are another option.

JohnK3,
Maybe, I'm not sure except to know our by-laws has a clause that specifically excludes any mortgagor as vested, as long as the mortgagee stills hold mortgage. During the Savings and Loan Crises in 1989 many of the units here were held by Banks, I bought one from a bank. The Bank had beeen acting as an owner and paying fees.
In any event I suggest we stick with what we have given as far as advice to this point. The whole thing is convoluted enough and why just get deeper in something we don't know the specifics of. I expect Monica has the support she was seeking and even though not all agreed on everything, looking at this kind of problem from afar is difficult at best. The important thing we can convey is the whole thing is a mess, and there are members and the MC acting improperly. It is all opinion and has to be applied to the specifics. In my opinion

John,

The property doesn't even have to be owned by the mortgagor! The name on the deed determines who owns the property. I can purchase a piece of property for my son, put only his name on the deed, and only my name on the mortgage.

John,

This may be off point but how can you get a mortgage on property that does not show you as the owner?

First, I think Mary is eligible. I would think that she would count as:
(e) A fiduciary of an estate which is an Owner

Otherwise, the solution is to add your name to the deed. My wife's name is on our property deed yet not on the loan or deed of trust securing the loan. This allows her to be an owner though she is not listed on the loan. Such arrangements were pretty common during the mortgage boom we just came out of. This is how couples were able to get loans based on the "best score" as advertised nationally.

Now you should also look to bring the whole ugly affair to the meeting planning to unseat the board members. The manager needs to be dismissed. If the management company refuses to assign a new one, then get a new company.

Kirk

John,
I'll second that, and further, she can have the job.

Aquestion has come up:
If your association we have closed Regular Board meeting at least four times a year. I contend that the Board at their regular meeting should approve the minutes of the annual minutes. The boards position is that they have to wait and approve the annual meeting and the next annual meeting. They offer no documents to support their option, and I know I have read it is proper and right to

Robert,

Job? What job? LOL

A board meeting is a meeting of the board of directors. An annual meeting is a meeting of the members. Therefore, board meeting minutes are approved at a board meeting and annual meeting minutes are approved at the next annual meeting. Two different entities meeting at different times. To do as you propose would be like approving the minutes of XYZ club at a meeting of ABC club. No, I don't think you'll find this defined anywhere, mainly because, IMO, it's just a matter of common sense. Now, if a special meeting of the members were to be called sometime during the year, the minutes of the last annual meeting could be approved at that meeting. Just as the board would approve the minutes of a special or emergency meeting at the next regularly scheduled board meeting.

Ellen,

Maybe John's a multimillionaire with beauceaup bucks in the bank and buying the property for his favorite son (or girlfriend!)!!! LOL