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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I live in Las Vegas, recently became a Board member. My HOA

Customer Question

I live in Las Vegas, recently became a Board member. My HOA is under the Ombudsman audit. Our reserve account was so low that in December 2015 the previous Board voted in that our regular assessment go from $155. to $175, and added a special assessment of $130. for 12months, total $305. as of Jan. 2016. One Board member who previously served on the Board from 2007 to 2013, wanted to arbitrarily reduce the sp. assessment to $20. without seeking an okay from the Auditor nor having a plan how to accomplish funding the Reserves. Therefore, myself and the other Board member voted against the reduction until in June our new Management company could suggest a reduction based on a financial evaluation. So,the one Board member was so angered that he collected signatures to remove me and the other Board member. I filed an "Intervention Affidavit" with our Real Estate Division on June 14, 2016, to open an investigation. We would like to remove this Board member. Should I do a Demand Letter, asking him to resign or that I will file the criminal charge under the Bullying law NRS 116.31184? What do I do about the ballots going out to the 112 members for my removal and the other Board member's removal? Thank you! Ana.(###) ###-####
JA: Real Estate issues can be tricky and expensive. The Real Estate Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: Not yet.
JA: Anything else you think the lawyer should know?
Customer: This problem Board member is the cause of the financial situation that the HOA is in. He shut the pool down in 2012 without submitting it to a vote of the members and was also responsible for not making sure the Reserve acct. was at proper funding.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 1 year ago.

1. What do the bylaws state about the proper process for removing board members?

2. As for this law below, you can try to file a complaint with the local district attorney's office but myu guess is that it will only illicit a counter-complaint and the DA is likely to do nothing and tell you that this is more aptly handled as a civil matter because they want to conserve their resources to prosecuting rape, murder, and theft cases. etc...

NRS 116.31184  Threats, harassment and other conduct prohibited; penalty.

1.  A community manager, an agent or employee of the community manager, a member of the executive board, an officer, employee or agent of an association, a unit’s owner or a guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person who is the community manager of his or her common-interest community or an agent or employee of that community manager, a member of the executive board of his or her association, an officer, employee or agent of his or her association, another unit’s owner in his or her common-interest community or a guest or tenant of a unit’s owner in his or her common-interest community which:

(a) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or

(b) Creates a hostile environment for that person.

2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

(Added to NRS by 2013, 2529)

3. What do the bylaws state about his ability to legally collect these ballots from members?

Customer: replied 1 year ago.
I did not read the by-laws. Can I get back to you later or tomorrow? He is obviously retaliating because we didn't vote for the reduction and repairs he wanted. I was just wondering how to stop his retaliation.
Expert:  Maverick replied 1 year ago.

Yes, the answers you are looking for should be in the bylaws. Let me know when you get a hold of them and we can then continue on this thread...

Customer: replied 1 year ago.
sounds great, thank you!
Expert:  Maverick replied 1 year ago.

Sure...