How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
Type Your Real Estate Law Question Here...
Tina is online now
A new question is answered every 9 seconds

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.

Please note that:

(A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here;

(B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and

(C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours.

Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms.

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.