Former HOA President’s Future Candidacy in Question After Removal

Residents of a small community in Nevada are grappling with the implications of a former Homeowners Association (HOA) president’s potential return to the board after his removal three to four years ago. The ousted president was dismissed by fellow homeowners due to his refusal to return essential HOA files, a situation that escalated to state intervention.

In response to inquiries about the former president’s eligibility for future board candidacy, residents were informed by their management company that it is believed he would be permanently barred from serving again. However, legal nuances remain regarding his status, particularly if the CICCH Commission was involved in sanctioning him for not complying with the state’s mandate to return the HOA records.

Residents are encouraged to reach out to the Nevada Real Estate Division (NRED) to clarify the situation. The NRED holds records that may reveal the outcome of any hearings concerning the former president. If sanctions were imposed, they could affect his eligibility to run for a board seat in the future.

The ongoing situation highlights a broader issue within the community. A homeowner has initiated a petition to remove all board members due to dissatisfaction with recent management decisions, including increased dues. This petition has already garnered signatures from a significant number of residents, prompting questions about its validity.

According to NRS 116.31036 (2), the petition must be signed by at least 10 percent of the total voting members, or a lower threshold defined in the bylaws. While the law mandates that the petition be delivered by mail or a process server, it does not specify the need for certified mail. This detail may prove crucial in determining the petition’s legitimacy as residents navigate their rights and responsibilities within the HOA framework.

The situation underscores the complexities of governance within small communities, where local leadership and resident satisfaction are intricately linked. As homeowners await clarification from the state and further developments unfold, the future of the HOA board remains uncertain.