COLUMN: Barbara Holland

Q. What are the rules regarding the honoring of previous business conducted by members of the old board once new members take their place? There are three remaining members from the previous board, and they are being outvoted by four new members on old business.

The previous board had scheduled a vote of the membership regarding improving the outer walls of our community. We were to discuss the possibility of an assessment and present bids and ideas for the change. The meeting was cancelled after the four members were voted onto the board.

Separately, they also cancelled all litigation and fines we had against an owner.

Are they legally able to undo what the previous board had voted upon and approved? Our current president and vice president seem to be making these decisions without contacting the rest of the board.

A. If your association were managed under strict Robert's Rules of Order, there would be very specific procedures as to how a decision is reconsidered.

Most boards, however, do not govern their associations under strict adherence to parliamentary procedure. Consequently, under majority rule, if a new group is elected, they could very well reconsider the decisions made in the past, and make other recommendations or even take a different course of action.

The homeowners have a right to challenge the board during the homeowner forum to ascertain why certain decisions have been revised. If they feel strongly about improving the perimeter walls, they can petition the board to have a membership meeting on the subject.

You would have to submit a petition requesting the special membership meeting with signatures from 10 percent (or a lower percentage if stated in your governing documents) of the owners.

The petition must state precisely what is to be placed onto the agenda. The new board would be required by state law to hold such a meeting.

As for the litigation and fines, that is a private matter between the board and the owner.

You could simply query the board if legal counsel recommended the cancellation; if the board did not contact legal counsel, you can ask why.

If you believe that the board has failed to enforce its governing documents by backing out of the legal action, file a complaint with the ombudsman's office or file for arbitration or mediation of the matter.

Your president or vice president may be very articulate people who do a good job of persuading enough board members to vote on issues their way.

In the final analysis, if the homeowners do not agree with board decisions, homeowners can either elect new members during the election periods or recall members, while going through proper legal procedures.

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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