Page 7 - CooperatorNews Nevada EXPO 2021

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COOPERATORNEWS NEVADA—
EXPO 2021
7
QUESTIONS & ANSWERS
Legal
Q
A&
Removing the Board Prez
Q
We are a small condo association
of 12 units. Our president is very
unliked. She went aft er a unit
owner with a vengeance over a $25 fi ne, got
an attorney, and cost us owners over $6,000
in legal fees so far. How do we legally re-
move her from the board? Please help.
—Desperate for a Change
A
“Sadly, this type of thing
happens in communities
large and small, condo as-
sociations and single-family residential
associations,” says attorney Steve Loizzi of
HOA Lawyers Group in Las Vegas. “Th ere
are just some people who get a little taste of
power, and it drives them mad. Th ose peo-
ple should not be on the board of an owner’s
association—condo or single family—be-
cause they misunderstand the reason for
having an association, they make it a mis-
erable living situation for the other owners
rather than a positive and neighborly one,
and they continue the growth of the nega-
tive stigma of living in a community with
an owner’s association.
“As an initial matter, pursuant to Nevada
Revised Statutes (NRS) 116.31034, subsec-
tion 18, each board member is required to
review the community’s governing docu-
ments, NRS 116, and Nevada Administra-
tive Code (NAC) 116, and then complete
and submit a form required by the State
of Nevada entitled ‘Declaration of Certifi -
cation of Common-Interest Community
Executive Board Member’ certifying that
the board member understood the govern-
ing documents of the association and the
provisions of NRS chapter 116 and NAC
chapter 116. Within NRS 116, there are a
number of sections governing behavior by
board members, and sections covering re-
moval of board members. Th is board presi-
dent seems to have overlooked the sections
about fi duciary duty, business judgement,
and prohibition of harassment and hostile
environment—which I won’t delve into
here, but can be found in NRS 116.3103 and
116.31184, respectively.
“Th ere are three ways that the unhappy
members of the board and the other owners
can get rid of this tyrant: 1) ask the HOA’s
attorney to send a letter to the board presi-
dent advising her that her conduct is illegal
and violates her fi duciary duty to the board
and the community, and demand her resig-
nation; or 2) pursue removal of the board
president via the removal process set forth
in NRS 116.31036; or 3) fi le a complaint
with Real Estate Division through the Of-
fi ce of the Ombudsman whereby this board
member’s violations of the rules are report-
ed to them, and request that they do an in-
vestigation into her actions and punish her
for her actions under NRS 116.745 through
116.795, which can include removal from
the board, or removal from the board and
prohibition from ever running for the
board again.
“In this particular instance, with an as-
sociation of just 12 members, removal via
NRS 116.31036 is probably the best option,
because it’s likely that most or all of the
other owners are tired of this type of non-
sense. Being removed by a recall election of
the other owners in the community sends a
strong message that this type of leadership
is no leadership at all, and that your neigh-
bors will not be treated like peasants.”
Board Overreach
Q
I am a fairly new resident in
a 55-and-up community. My
board—mainly the president,
who has re-elected herself for the past 18+
years—has a history of abuse of power, in-
timidation of residents, overreach, and pos-
sibly fi nancial improprieties. I researched
enough to fi nd out that these boards are
protected, and the associated management
companies, which we believe are in cahoots,
are also protected.
Who is willing to protect the residents in
these cases? Th ese seniors are being abused,
and doesn’t anyone care? I have put togeth-
er a group of residents, some of whom have
been abused for years, to fi nd a way to upset
the power chain that needs to be disrupted.
What can we do when condo or HOA resi-
dents ring the Help Us bell?
—HOA Newbie
A
Says attorney Sheila Van
Duyne of the Las Vegas-
based Van Duyne Law
Group: “I understand that you feel unrep-
resented and unprotected in your commu-
nity. Th at being said, you do have a lot more
power to eff ectuate change than you think!
Th is will be an ongoing process that you
and any concerned neighbors will need to
undertake, but there is no reason that it will
not succeed.
“1. When you receive a notice of an
upcoming association board meeting, put
the meeting on your calendar and make
plans to attend. If you do not wish to attend
alone, bring some of your concerned neigh-
continued on page 23
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