COLUMN: Nosy president questions all visitors

Q. I am a retired Realtor who has been living in an association for the past six years. I have a problem with the president of our association, who has nothing better to do than walk around looking for violations and picking fights.

Our president gossips, makes up lies about people, and is sometimes verbally abusive. He harasses residents from the moment they move in. Instead of welcoming new residents, he yells at them for not parking in the right place and for walking on the grass while moving their boxes.

Since he cannot sit in a regular chair without difficulty, he recently purchased -- using association money -- two high metal chairs that he placed at our community's gated entrance so he can question people entering the community all day long. He asks everybody, who are you, where are you going, what do you want? It is an inquisition whenever we have guests visit even when they dial the directory and we open the gate for them.

Also, I have been trying to help my friend sell or lease his unit, but it has been very difficult because the president insults potential buyers and renters when they try to enter our development. My friend wants to sue the president for his behavior.

What rights does the president have and what rights do the rest of us have? Nobody wants to run for the next board election because of him. It seems to be a no-win situation. What can we do?

A. You and your friend can certainly file a formal complaint against the president with the Nevada Real Estate Division's ombudsman, but a better approach may be to remove him from office through a recall. This will require a special meeting of the homeowners (It takes 10 percent of the owners to call a special meeting.).

At the meeting, you would need to establish quorum and then have two-thirds of the attending homeowners vote to remove him as a director.

You also need to have other homeowners run for the director positions. Each year, the board elects the president -- he does not necessarily have to remain as president.

This director is a liability to your association. The association may be sued for his actions, either for slander or for his discriminatory remarks. Other directors should be concerned and take action.

Many governing documents allow the board to remove an officer for cause or without cause. You will need to review your covenants and bylaws. This action by the board will not remove him as a director, because only the homeowners have this authority. But the board members may remove him as president.

The board also should have the president reimburse the association for the cost of the chairs and should pass a formal resolution that he can no longer act as a "security person."

Can your friend sue him for damages because he interfered with a potential sales transaction? Yes, but this will probably cost more money and time than it is worth, plus it may be difficult to prove.

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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