Page 4 - Nevada Cooperator February 2019

4 THE NEVADA COOPERATOR
—FEBRUARY 2019
NEVADACOOPERATOR.COM
Tuesday, March 26, 2019
Th e Cooperator Expo Las Vegas
Rio All-Suite Hotel and Casino,
3700 W. Flamingo Rd., Las Vegas, NV
10:00 a.m. - 3:30 p.m.
A must attend for all community association
board members, managers and decision mak-
ers. Learn about the latest building services
from more than 200 exhibitors. Attend edu-
cational seminars, network with your peers
and get free advice from industry experts.
For information, visit lvcondoexpo.com.
Tues., February 19, 2019
“State of Nevada Laws Other than 116 that
Aff ect the CIC”
Key Realty School, 3320 E Flamingo Rd,
Las Vegas, NV
5:00 p.m. - 8:00 p.m.
Designation: CE.0085001-CAM LAW
CREDIT. Provider: Community Association
Solutions, Sara Barry, seblv@aol.com
702-249-0944.
Wed., February 20, 2019
CAI Webinar: Residential Security in
Today’s World: Protecting Residents &
Associations
11:00 a.m. - 12:00 p.m.
Th e safety and security of community associ-
ation residents and their guests is a common
issue for residential communities, but new
concerns like increased drug use and abuse,
potential active shooter situations, and police
and security violence require a new level of
education and preparedness. In this webinar,
you’ll learn about emerging and essential
issues facing community associations and
community association managers when it
comes to safety and security. Register today
to get tools and strategies to limit and miti-
gate risk within your community, including
how to use technology, training, and policies
to improve overall resident satisfaction. For
information, visit www.caionline.org.
CAL EN D AR
I
P
Transactions
Trump Sold 36 Las Vegas Condos in 2018:
Report
According to a
Forbes
article published in
January, President Trump reportedly sold 36
condos from his Trump International Hotel
Las Vegas tower for $11 million last year. About
a third of those customers purchased the units
through limited liability companies, which
according to
Forbes,
allowed them to keep their
identities private: “In other words, people were
pumping cash into the President’s coff ers with-
out disclosing who they were.” Th e Las Vegas
transactions were part of $35 million worth of
real estate properties—including in New York
and Chicago —Trump sold in 2018, said
Forbes,
which revealed its fi ndings based on property
records and federal fi lings.
Law & Legislation
Property Owners of LV Condo Argue
Against Short-Term Rental Ordinance
Th e Las Vegas Sun
reported that several
property owners from the Odgen condominium
building in downtown Vegas attended a city
council meeting on January 16 urging the coun-
cil not to pass an ordinance that would allow
short-term rentals in the building. Under this
new ordinance, about 5 percent of apartments in
high-density multifamily buildings can be rented
through homesharing platforms like Airbnb. It
came on the heels of a previous ordinance that
passed in which homeowners must be present
overnight while their homes are being rented
and that the rentals must be 660 feet apart, KNPR
reported; essentially the entire home cannot
be rented out, but only the rooms in the house
where the guest is staying. According to the
Sun,
the Ogden condo owners opposed this proposed
new ordinance, arguing that the residents who
live in the building full-time shouldn’t be treated
diff erently than owners of single-family homes.
An attorney for the Ogden residents said the new
ordinance could pose problems over security
and amenities within the building. Th e council
eventually postponed the vote on the issue until
the Ogden HOA board conducted its own vote
on allowing short-term rentals.
2019
PULSE/CALENDAR/Q&A
Feb-Mar
Legal
Q
A&
THE COOPERATOR
EXPO
2019
WHERE BUILDINGS MEET SERVICES
MEET MORE THAN 200 EXHIBITORS
IN ONE DAY, UNDER ONE ROOF.
(Wear comfortable shoes.)
RIO ALL-SUITE HOTEL AND CASINO — TUESDAY, MARCH 26, 10–3:30
FREE REGISTRATION: LV-EXPO.COM
Bully on Board
Q
We have a board that just doesn’t are “fi duciaries and shall act on an informed
get along. I am the president and basis, in good faith and in the honest belief
one of the board members is a big that their actions are in the best interest of
bully. It’s really hard to deal with him and I the board.”; NRS 116.31184, which prohibits
hear from contractors that he is nasty. He a member of the executive board (along with
wants to run it all. No matter what I or oth-
ers say, he overrides us. He didn’t show his gal authority to threaten, harass or otherwise
true colors until recently and its aff ecting the engage in a course of conduct against the
board’s ability to function. He had two more community manager, management company
years to serve. What do I do?
—Frayed Nerves
A
“I would like to say that I have course of conduct: (a) causes harm or serious
never encountered this situa-
tion before, but I have – more hension thereof, to that person; or (b) creates
than once,” says attorney Steve Loizzi of the a hostile environment for that person. A per-
Las Vegas fi rm HOA Lawyers Group. “Unfor-
tunately, there are homeowners who believe nally charged with a misdemeanor. Finally,
that being a board member means being king NRS 116.31037 provides for the indemnifi ca-
or queen of the community, and act accord-
ingly. Unfortunately for these individuals (but tive board if sued for actions undertaken in
fortunately for the rest of the community) his/her role as a member of the board unless
these actions are not consistent with the fi -
duciary duties of a member of the board, and willful or wanton misfeasance (an act that is
may open the board and the HOA to com-
plaints that may ultimately result in negative negligence.
consequences to the entire board and to the
HOA. Th e negative consequences could in-
clude investigatory and/or punitive measures and/or other board members, and trying to
taken by the Nevada Real Estate Division overrun the democracy created by having
(“NRED”) and/or civil litigation that could a board of directors (plural) to create a dic-
potentially expose the HOA and its members tatorship is: (a)
to signifi cant fi nancial liability.
“Pursuant to NRS 116.31034, subsection minimum, gross negligence if not intentional
18, each board member is required to review misfeasance – meaning this tyrant of a board
the community’s governing documents, NRS member will
116 and NAC 116, and then complete and ed by the community, and may end up with
submit a form required by the State of Nevada personal liability that he has to pay out of his
entitled “Declaration of Certifi cation of Com-
mon-Interest Community Executive Board is violating his fi duciary duties as well as other
Member” certifying that the board member portions of the statutes governing these com-
understood the governing documents of the munities.
association and the provisions of NRS chapter
116 and NAC chapter 116. Within NRS 116, have four options: 1.) do nothing and just
there are a number of sections governing be-
havior by board members.
“Th ese include: NRS 116.3103, which pro-
vides that the offi cers and members of the
executive board of a homeowners association
other persons) from willfully and without le-
employees, other board members, employees
of the association, another unit owner, or a
guest or tenant of another unit owner if the
emotional distress, or the reasonable appre-
son that violates this provision can be crimi-
tion and defense of a member of the execu-
it can be proven that the member acted with
legal but performed improperly) or with gross
“Bullying vendors and/or other board
members, being nasty and abusive to vendors
not
acting in good faith or
in the best interest of the board, and (b) at a
not
be indemnifi ed or defend-
own pocket. Simply put, this board member
“Th e remaining members of the board
allow this conduct to continue (not recom-
mended); 2.) ask the HOA’s attorney to send a
letter to the board member advising him that
continued on page 15
continued on page 15