Q: Is there Nevada law to quote on this? My HOA is saying, if there is a board quorum at the workshop, it is considered a meeting and must be open to residents.
A: Holding a board meeting requires written notice to the homeowners that a board meeting will be held. Even if there was a quorum of the board of directors at a workshop, the association must properly provide notification of the board meeting per NRS 116.31083 (2), which requires at least a 10-day notice for board meetings while annual meetings require at least a 15-day notice. The notice must include the agenda which lists the topics to be discussed and voted upon.
The notice of a board meeting must state the time and place of the meeting and include a copy of the agenda or the date on which and the locations where copies of the agenda may be conveniently obtained by the homeowners. The notice must include notification that the homeowner has the right to have a copy of the audio recording, minutes or summary of the minutes and the right to speak at the board meeting unless the board is in executive session per NRS 116.31083 (5-5a-5b).
If a board violates these notice requirements, the meeting and its decision may be invalid.
■ Reminder to HOA boards: All contracts must be presented at a board meeting and either accepted or rejected. Nevada contract laws require licenses for the business. Individual employees, such as laborers, journeymen or apprentices of a properly licensed Nevada contractor, generally do not need their own individual contractor’s license to work. The license is held by the business entity, a company or sole proprietor. However, the business must employ at least one properly qualified person or a qualifying party who has passed the necessary trade and law exams.
A licensed contractor from another state cannot immediately perform work in Nevada using that license alone. Nevada does not recognize out-of-state licenses. To work legally, you must obtain a Nevada contractor’s license, although you may qualify for a reciprocal trade exam waiver, specifically for Arizona, California and Utah if you have been in good standing for the past four years. Even if the trade exam is waived, you still must take and pass the Nevada specific business and law examination. Clark County does require a business to be licensed.
Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.
