COLUMN: Barbara Holland

Several new regulations pertain to association meetings:

1. The minutes of the meetings must include: the date, time and place of the meeting, the substance of all matters proposed, discussed or decided and the substance of remarks made by a unit owner, if he or she requests that the minutes reflect his remarks, or, if he or she has prepared written remarks, a copy of the remarks.

2. The board may establish reasonable limitations on materials, remarks or other information included in the minutes.

3. The association shall maintain the minutes of each owners meeting until the association is terminated.

4. An owner may record a meeting on audiotape or any other means of sound reproduction, if the owner provides notice to the other owners in attendance beforehand.

5. The minutes or the summary of the minutes must be made available within 30 days after the meeting. The minutes of each board meeting must include: the record of board members who were present or absent, and a record of each member's vote on all matters.

6. A board may not meet in executive session to enter into, renew, modify, terminate or take any other action regarding a contract unless it is a contract between an association and an attorney.

7. A board may meet in executive session to discuss the character, alleged misconduct, professional competence, or physical or mental health of the community manager or employees; or to discuss an owner's alleged violation pertaining to a construction penalty.

8. If the governing documents contain a quorum requirement for a meeting that is greater than 20 percent and, after proper notice has been given for a meeting, the members who are present in person or by proxy are unable to hold the meeting because of a lack of a quorum, the members who are present in person may adjourn the meeting to a time that is not less than 48 hours or more than 30 days from the date of the meeting.

9. At the subsequent meeting, a quorum shall be deemed to be present if the number of members who are present in person and by proxy equals or exceeds 20 percent of the total number of voting members. If the number of members present is less than the quorum requirement, the members who are present in person or by proxy may take action only on those matters that were included as items on the agenda of the original meeting.

10. NRS 116 does not change the actual number of votes that are required under the governing documents for taking action on any particular matter.

11. If an association receives a written complaint from an owner alleging that the board has violated any provisions of NRS 116 or any provision of the association's governing documents, the board, if action is required, shall place the subject of the complaint on the agenda of the next regularly scheduled board meeting.

12. In addition, no later than 10 business days after the date that the association received such a complaint, the board or its authorized representative shall acknowledge the receipt of the complaint and notify the unit owner that if action is required by the board, the subject will be placed on the agenda of the next board meeting.

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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