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If an HOA board meets under the executive session allowance…

Customer Question
If an HOA board...

If an HOA board meets under the executive session allowance and then continues to discuss other non allowed business, not necessarily making decisions, but formulating motions for the next regular board meeting, in violation of the open meetings law?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

None, I am new to this board and have been on other boards in other states. Non HOA boards however. I am concerned with this secret discussion.

Lawyer's Assistant: Where is the property located?

Nevada

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really, I have been trying to read the laws and rules, but they are confusing.

Submitted: 24 days ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/28/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 24 days ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,307
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you. There are only certain matters are permitted to occur under an executive session. All other matters are required by law to be open to the public/owners. Is the a condo association?

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Real Estate Lawyer: Attyadvisor, Attorney replied 24 days ago

The presumption is that all meeting are open with the exception of those matters that fall under an executive session.

This link me be helpful setting out all owner's rights in HOA http://red.nv.gov/uploadedFiles/rednvgov/Content/CIC/Program_Training/Presentations/EmpoweringUnitOwners.pdf

Let me provide those matters that require a closed meeting.

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Real Estate Lawyer: Attyadvisor, Attorney replied 24 days ago

" What is “executive session?”

It is the closed portion of a board meeting. The board must meet privately for certain matters:

• Consult an attorney on proposed or pending litigation.

• Discuss the character, alleged misconduct, competence, or health of a community manager, or HOA employee.

• Discuss governing document violations, including failure to pay assessments.

• Discuss construction schedules and construction penalties of unit owners.

• Hold hearings on alleged CC&R violations (unless the person charged with a violation requests otherwise).

• Deliberate after the hearings to make decisions on alleged violations. Any matter discussed in executive session must be noted generally in the minutes. Names of those accused of violations cannot be revealed. A person subject to a violation hearing is entitled to a copy of any decision." http://red.nv.gov/uploadedFiles/rednvgov/Content/CIC/Brochures/hoa_meetings.pdf

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Real Estate Lawyer: Attyadvisor, Attorney replied 24 days ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 24 days ago

Do you have any additional questions for me? It would be my pleasure to continue to assist you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 24 days ago

You may find this a helpful resource

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Real Estate Lawyer: Attyadvisor, Attorney replied 24 days ago
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