Question:
We are having several issue’s with are board of directors. They are not doing are election by our Bylaws. They revised the wording of our CC&R’s, but actually changed them without 60% vote of our membership. We did a survey asking the documents they changed to reviewed by an Attorney. Now they want the signatures on the survey and making several demands.
– Lenore
Answer:
Hi Lenore,
According to the Nevada Uniform Common-Interest Ownership Act Section 116.2117(1), there must be a majority vote (or whatever percentage of votes is required by the governing documents) to make amendments to the declaration. Kindly review the governing documents to verify the percentage requirements. If the board made amendments in violation of the requirements, you may raise this with them at a board meeting or by contacting them. You may also raise your concerns regarding the elections with the HOA board and ask them to follow the bylaws.
If the board members refuse, you may opt to remove the problem board member(s) according to the procedure outlined in Section 116.31036 and the governing documents. Alternatively, you may resolve the conflicts via dispute resolution mechanisms like arbitration or mediation. For further guidance, kindly consult an attorney.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
