FAQs: What You Need to Know About HOA Annual and Special Meetings
In previous articles, we discussed the basics of board meetings and provided tips to help your HOA run them successfully. In this article, we answer some frequently asked questions (FAQs) about annual and special meetings, including what you need to do to comply with Nevada HOA laws and your governing documents.
1. What is an annual meeting?
By law, Nevada HOAs are required to hold a “meeting of the units’ owners” at least once each year. Generally these coincide with the annual election of the board of directors.
The annual meeting inclusive of an election is generally comprised of the approval of the prior annual meeting minutes, appointment of ballot counters (or inspectors), opening and counting of ballots and the announcement of new directors and/or officers to the board. It is common for associations to hold an organizational meeting shortly after to assign positions to each winning candidate.
2. What is a special meeting?
If your HOA has a specific concern, suggestion or problem that comes up between meetings, it can decide to hold a special meeting. Possible reasons for holding a special meeting include voting on the removal of a board member or amending covenants, conditions and restrictions (CC&Rs). Remember, however, that you cannot discuss anything other than the specified topic.
3. Who can request a special meeting?
In Nevada, the decision to hold a special meeting can be made by the board president, by a board majority or by 10 percent of the homeowners (less if your governing documents specify a lower number).
4. Who can attend annual and special meetings?
All homeowners may attend and vote at these meetings (unless their voting rights have been revoked). A homeowner’s legal guardian, trustee, personal representative or power of attorney may also attend and vote. Your bylaws will dictate who else may be present, for example representatives by proxy or legal authorization, additional household members or tenants.
5. Do these meetings require a quorum?
In Nevada, you do not need a quorum (a certain minimum number of attendees) to hold a vote at these meetings. However, your association’s governing documents may require a certain percentage of attendance to approve an agenda action item.
6. How are homeowners notified of a meeting?
The board of directors must notify all homeowners of an upcoming special meeting between 15 and 60 days in advance. The notification must include the agenda and let homeowners know that they may speak at the meeting. It must also inform them that they are entitled to a copy of the minutes upon request. For regular and executive session board meetings, homeowners must be notified at least 10 days in advance.
7. What is the role of the board of directors at an annual or special meeting?
Members of the board of directors do not have any more decision-making power than any other homeowner with regard to agenda items at an annual or special meeting. They may run these meetings (or your community manager may run them), but every homeowner has an equal vote.
Annual and special meetings are an important way for homeowners to make their voices heard. They also keep everyone informed about changes and issues that affect the entire community.
Don’t be left out of important decisions. Make sure to show up and participate at both annual and special meetings. If you are on the board of directors, encourage other homeowners to attend these meetings. Look to a good community management company to help you run these meetings effectively.
For more information on annual and special meetings and how a community management company can help, contact FirstService Residential, Nevada’s leading community management company.