COLUMN: Barbara Holland

Q. Can the president of the master association prohibit the owners from discussing personal issues during the homeowner forum? Our president announced this statement before the open session began. Who determines what is a personal issue? What is an open session for if not to discuss personal issues among other items?

A. State law simply states that a homeowner can speak to the association or executive board unless the executive board is meeting in executive session. It allows the board to establish reasonable limita- tions on the time an owner may speak at such a meeting.

In the final analysis, the president, as chairperson of the meeting, would determine if a homeowner concern is too personal and that the concern should be handled in private or in executive session. Board members who do not agree with the president could challenge the president's decision with a motion and a vote. If overruled by the board, the homeowner could state their personal concern.

The problem with "personal" concerns is that the comments made by a homeowner could be inappropriate and cause liability issues for the association. There are other alternatives in addressing some issues, especially if they concern violations which should be discussed in executive sessions. Personal attacks should not be allowed, and issues pertaining to a specific person's account would be inappropriate to discuss in open session.

Another problem with personal concerns is that your file folder and your association records may not be available at the meeting for the board to review or to properly respond.

Since the board has limited time to hear owners during the open session and still have time to conduct their business affairs, homeowners should be encouraged to write letters, faxes or e-mails pertaining to alleged violations of specific owners.

I would caution your president to think about what he considers "personal concerns" and what he does not allow to be discussed. Drawing the lines can be subjective.

Q. The curbs in our community are clearly marked for no parking and fire lanes. Yet, residents and guests ignore the writing and park there anyway. The board members are aware of this problem, but they do nothing to enforce the rules and regulations. Do you have any suggestions?

A. By not enforcing this rule, your board has placed itself in a precarious position. Your board could be sued by an injured party if the fire department could not maneuver in your streets while responding to an emergency.

If your board continues to ignore this regulation, simply call the fire department and ask them to visit your community. The fire department could issue a citation against the violating homeowners and guests. Your board could also be cited for failing to enforce the fire lane regulations.

Q. Our association has a husband-and-wife team who are planning to run for the board. They own two homes, which have been in architec- tural violation of the CC&Rs for the past four years. In fact, they recently completed another addition to their home without association approval.

This couple has made a campaign promise to other homeowners who are in violation of the CC&Rs. The promise is that if elected, they will allow the homeowners to do whatever they want. Can these people run for office?

A. Some governing documents would not allow the husband or wife to run for the board if they are not members in good standing. Good standing means that they are current with their dues and in compliance with the governing documents.

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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