HOA President Charged with Breaching Association Regulations | Barbara Holland | Business

It sounds like you are facing significant issues with your HOA’s management and compliance with Nevada law and your community’s bylaws. Here are some points to consider based on the information you’ve provided:

Key Issues:

1. Single Signatory Violation:

   • The contract signed by the board president without the required second signature violates your bylaws. This could potentially render the contract invalid.

2. Lack of Transparency:

   • Your request for the contract and other documents related to the landscaping service has been ignored or deleted from the portal, which seems to contravene NRS 116 regarding access to records.

3. Emergency Provision Misuse:

   • The board’s actions do not appear to meet the emergency criteria outlined in NRS 116.31083. They should have discussed the contract openly at a Board meeting prior to proceeding.

4. Failure to Obtain Competitive Bids:

   • Not obtaining competitive bids for significant expenditures may violate good governance principles and could be worth reporting.

5. Board Meeting Protocol:

   • The contract should have been listed as an action item on the agenda, allowing homeowners the opportunity to discuss and vote on it.

Suggested Actions:

1. Document Everything:

   • Keep detailed records of all communications, requests, and meeting minutes. This documentation will support your case if you decide to take further action.

2. Contact the HOA:

   • Request a formal answer regarding the denial of access to records, citing both NRS 116.31175 and NRS 116.3118.

3. Seek Guidance from a Lawyer:

   • Consider consulting with a lawyer who specializes in HOA law in Nevada. They can provide advice on how to proceed legally, potentially including filing a complaint with the Nevada Real Estate Division.

4. Engage with Other Homeowners:

   • Reach out to fellow homeowners who may share your concerns. A unified group may have more influence when addressing the board.

5. Request an Official Audit:

   • If the issues persist, consider formally requesting an audit of the HOA’s finances related to the landscaping contract.

6. Attend Future Meetings:

   • Continue to attend board meetings to voice your concerns and remain informed about any new developments.

Conclusion:

The actions you’ve described could constitute weak governance practices and potential violations of state law. Taking steps to address these issues, such as documenting breaches and engaging legal guidance, is advisable. You’re not alone in this situation, and awareness among other homeowners can often lead to more substantial changes within an HOA.