Question:
Wondering if an unlawful act happened at our election. The Manager didn’t give the date and time to any board member except the President. Another board member called and asked and was told the date and time. With those two Board Members present the votes were brought out, opened and counted and the board member present wasn’t happy with the results and asked the Manager if she could find more votes. The manager left the room and came back finding more votes. They counted those votes and added them to the origional talley. They then let that board member remain as President (was re elected) for 3 months while not having a meeting until that time.
– Suzanne
Answer:
Hi Suzanne,
Nevada law requires HOA elections to follow procedures outlined in the association’s governing documents and NRS 116.31034, which governs the election of board members. If the manager failed to notify all board members of the election date and time, this could violate procedural fairness and transparency requirements. Additionally, the process of “finding more votes” after the initial count raises concerns about election integrity, especially if there was no clear process for verifying and accounting for those votes before they were added to the tally.
Another issue is the board delaying meetings for three months while allowing the re-elected president to remain in power without formal ratification. NRS 116.31083 requires an HOA board to hold at least one meeting per quarter, meaning the delay may have been improper.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
