COLUMN: Barbara Holland

Q. At an association meeting, two new board members were elected. The retiring president called the two directors to the table and told us that we were to vote for the association officers.

I have been on the board for four years. We have never voted for officers in front of the general membership, but rather in an executive session. Should this have been done?

On another note, at one of our meetings, the owners were asked to ratify the budget. At the beginning of the meeting, I asked that the secretary read the minutes of the previous meeting so that they could be approved. The property manager interrupted me and stated that this is an annual meeting and that the minutes could not be read or approved. Could you shed some light on this for me?

A. On the first point, there is no reason why the election of the officers cannot be held in front of the general membership, as long as it is noticed on the agenda. The election of officers by the board is executed during the board meeting, not an executive session.

If you have a concern about directors openly electing officers and not alienating one another, and if there is more than one person who wants to run for a particular office, if agreed upon, your directors could elect that officer by secret ballot.

On the second point, at the annual meeting, you should approve the minutes of the previous annual meeting and not approve the minutes of the board of directors meetings. In lieu of reading the minutes, you could have copies for the members to review and then have the membership vote to approve them.

Q. A homeowner has filed a lawsuit against our homeowner association. I have requested a transcript of that lawsuit from our property manager. He argues that the information is a matter of confidentiality and to breach it would be unlawful.

What is my legal recourse in this situation? Do I have any legal options with which I can force him to comply with my request for this information?

A. Please refer to NRS 116, which was revised during this last legislative session. It states that the executive board shall, upon written request of a unit owner, make available for review during regular working hours all records filed with a court relating to a civil or criminal action to which the association is a party.

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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