Q: Our HOA has five board members. The terms of three board members are expiring soon. Two are completing their two-year terms, and one was appointed last year.
When the initial nomination went out a few weeks ago, our manager said there were only two openings; We had to correct her that the appointment was only good until the next election. She did send out new nominations indicating three seats were being voted on.
Since those nominations went out, the other two board members, whose terms don’t expire until June 2027, both resigned.
The ballots go out soon, and we were told by our manager that the membership will only vote for three openings and that those three people will be able to appoint the other two positions.
Some board members are not happy and want to redo the election so that the membership can vote for five board members. The reason is that there is a new group of people who have stated in community meetings that they want to control the board so that the single-family homes can split off from the townhomes.
A: There does not appear to be any NRS 116 violation for the board to send the ballot mailing for the three board positions. You will need to check either your bylaws or the CCRs to see under what circumstances can the homeowners request an election as opposed to the new board appointing them. If the board does appoint the two positions, those directors can only serve until the expiration of the previous directors’ terms or at the next annual election whichever comes sooner.
Q: I have a rear wall that I share with a neighbor. Over the last several years the palm trees that were planted in their yard about 20 years ago, that are within one foot of the shared wall, have started pushing the blocks out at the bottom. I can actually see through to their side and the palm root systems coming through the wall. I contacted the homeowner several years ago when it began, and they denied any responsibility. I then contacted the HOA and it said it not their responsibility. They suggested I work it out with the neighbor. I then went to Clark County to see what my options were and again I was told to work it out with the neighbor. Well that’s proving to be difficult because the neighbor denies any responsibility. The neighbor blamed the problem on my pool, which is about 4 feet below and 10 feet away from this wall. The wall in question is about 12 feet high, and then about 4 feet away from it is a retaining wall that is about 4 feet above my yard level from the retaining wall to my pool is another 5 feet. This puts the wall being damaged about 10 feet from my pool and at least 4 feet above it.
I’ve had a contractor and a certified arborist look at it. When I told them the neighbor blames it on my pool liner leaking (I don’t have a pool liner), they say it’s the palms that are planted up against the wall on his side causing the damage. The wall is cracking, and at some point, I assume will come down. I’ve gotten an estimate of close to $10,000 for repairs, but to me it doesn’t seem it’ll matter if they don’t remove the palm trees? What are my options, other than small claims court?
A: Unfortunately, you will have a fight on your hands. You will need to make sure you are following Nevada Real Estate Divsion procedures before initiating a court action.
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.
