Speaking at a Meeting

Started by MonicaE • 5 replies • 1357 views

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MonicaE (Nevada)
Posts: 21

Posted:

I live in the state of Nevada and I know laws in each state are different.

I live in a condominium community with my husband and we have lived here almost 8 years. For personal reasons, I am not on the deed of the property and my husband put me on a trust to allow me to serve on the BOD. I was President of the Association for four (4) years and a director for two (2) years. My last term ended in June 2008 and I chose not to run again.

I recently attended a Owner's Association meeting in which I had two issues to bring up at the meeting. The two issues were safety issues; however when I began to speak, the President said I was not allowed to speak because I was not on the deed. I was merely going to inform them of lights that were out in the carports and above some buildings and the numbers on our building had been torn down. If an emergency vehicle were to be called to out building, they would have a difficult time finding the unit.

Being a spouse of a unit owner, that makes me 50% owner by law. What can I do to be heard by the BOD and the management company?

Your feedback is appreciated

Monica

GlenL (Ohio)
Posts: 5,491

Posted:

Monica, somewhere along the line you must have seriously ticked these people off. Have your husband write the BOD or MC a note about your safety problems or have him give you a proxy for each meeting. Unless it is a "members meeting" I would not have a problem with a non-owner speaking; we have even allowed renters to ask questions or make a statement at our BOD meetings.

Proxy - A limited power of attorney allowing you to act for another for a specific purpose, in some states you can even get married by proxy.

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

You were PRESIDENT of the HOA in the past and you can't speak at an Annual Meeting now?

JohnM29 (Nevada)
Posts: 7

Posted:

Monica,

Although NRS 116 only defines the unit owner as "the person who owns the unit", your CC&Rs may say otherwise (ours includes people who are members of a trust). Also, you can have your husband grant you Power of Attorney to act and speak on his behalf (evidenced in writing).

KirkW1 (Texas)
Posts: 1,665

Posted:

Start working to amend your documents to define a member as owners and their spouses. That is the real solution to this bone headed direction many have taken.

The reality is that the meeting should allow any resident to speak. If you are only speaking then it shouldn't matter if you are an owner or not. And what was the outcome of this bone head's work? The lights were not reported. Sorry, but that is just plain stupid.

Besides, who wants to take the time to check if each person speaking is a member or not? It should be enough hassle for finding who gets a ballot.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Monica,

I'm not an attorney, however, I don't know that because you are a spouse you are a 50% owner. Also, the fact that your are a trustee in a trust does not make you the owner of property that is not in your name. Only if your name is on the deed are you considered an owner of the property. I believe this also applies in community property states.

Unless the bylaws or CCRs specify that only members can speak at board meetings or members' meetings, then you should be able to speak. Arizona's open meeting law allows a member to designate, in writing, a representative who has the authority to attend and speak at meetings for the member.

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