Question:
We are a new association exiting from declarant control. The declarant put a community management company in place which services are detailed in the management agreement. The declarant also put on-site managers in place (community, lifestyle, maintenance) and six hourly, part-time staff – all of whom are employed by the management company. This on-site staff is mentioned in the management agreement, but the details of this staff are not contained in the agreement. There are two line items on our budget, one for the base management agreement and the second for on-site staff salaries. Owners want to know how much we are paying each manager and what their job descriptions are. This information is being withheld from owners with the board and the management company citing confidentiality on the salaries and proprietary information on the job descriptions. The board is approving the monthly salary invoice that reflects a single lump sum for all salaries. Do owners have a right to detailed salary and job description information?
– Kathi
Answer:
As per the Nevada Uniform Common-Interest Ownership Act Section 116.31175, the HOA must make the association records available to the unit owners upon written request. These records do not cover personnel records EXCEPT “for those records relating to the number of hours worked and the salaries and benefits of those employees.” That means unit owners can request the salaries and benefits of the association’s employees. However, since your question pertains to the employees of the management company, this may not apply. I think it’s best to consult a lawyer for further guidance.
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