COLUMN: Barbara Holland

Q. We have a director who lives primarily in Arizona. He stated in his qualifications that he has lived here for six years, but the title shows he vested with his girlfriend only a year ago.

He has missed the last three meetings including the annual meeting. The board takes the position that since his absences are in different fiscal years that he has missed no more than two in any one year. But the bylaws do not state that view, only that a director who misses more than two meetings may be removed from office.

I would like a court or arbitrator to find that three strikes and you are out, unless each absence is voted on as excused for reasons stated (The board can determine validity.).

What is your opinion?

A. First, there is no state law that governs the number of meetings that a director must attend. Second, not every association even has any kind of restriction.

This is an issue that does not need legislation. This is an issue that each association needs to decide for itself.

Many associations interpret their governing documents in a similar fashion whereby absences are related to calendar years. If a person missed the last two consecutive meetings in 2002 and the first meeting of 2003, the director would not be removed.

Without the actual language of the covenant, it is not possible to tell whether your covenant can be interpreted in such a manner, or if there is a simple "three strikes and you're out" policy regardless of the time period.

If the covenant is not clear, the association could modify the language through an amendment. If the board feels comfortable with the current interpretation and you do not, you can petition the board for a special meeting to discuss the issue and vote on it.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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