The Community Associations Institute Chapter of Las Vegas held its annual CAI Day at the Suncoast Hotel on Aug. 21. CAI Day consists of a three-hour class plus a major trade show for homeowners, boards and community managers.
Topics included fiber infrastructure and community systems, signs of construction defects, roofing maintenance laws and services, community insurance policies, contractors laws, reasonable accommodation under Fair Housing, reserve studies and a case law suit of USA vs Bradlet Heppner.
Speakers were interviewed by the monitor. Specific questions were asked which provided information concerning issues that faces managers and boards.
It was a full day worth spending.
For more information concerning the educational classes offered by the local CAI chapter, please contact Christina Snow at info@cainevada.org.
Q: How long can a ballot vote be held open on the matter of changing a portion of the CC&R’s?
Over three years ago the HOA board sent out ballots to change a portion, asking to change 67 percent majority votes to a simply majority of 51 percent.
Some ballots were returned, but the board kept the voting open. A second mail-out occurred and the vote still remains open after three years. They said they intend to keep it open until they reach the number of votes needed to make the change.
However, during these three years, owners have sold their lots. There is no guarantee that their vote (if they voted) was removed and new owner allowed to vote. When this convoluted situation was brought up at a board meeting, the management company said they are keeping track. Owners find that hard to believe.
Can a ballot vote continue for three years considering properties continue to be bought and sold? Each lot owner has one vote.
A: NRS 116.2117 does not establish a statutory time limit for how long an association has to gather enough votes to approve a CC&R amendment. Instead, the time frame to collect ballots or agreements is determined strictly by the association’s own governing documents (such as the bylaws or the declaration itself) and the specific voting procedures adopted by the Board for that measure.
In the reader’s case, if the voting on the changes has been ongoing for three years, the association must carefully record the votes. The association records must show the votes that were eliminated when homeowners sold their unit before the required votes were obtained to approve the amendment. The association records must also show the votes of the new homeowners who bought their units and who voted. Any existing homeowner who had not voted and did not sell their units, can still vote.
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.
