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Q&A: Self-Appointed Board

Q. My HOA board has not had an election in 10 years. They keep reappointing themselves and appointing their friends to the board when there is a vacancy. Is this legal? How can I stop this abuse of power by my HOA?

                    —Reining in Abuse of Power

A. “No, this is not allowed under Nevada law,” says attorney Eva Segerblom of the Reno-based firm Maddox Segerblom Canepa, “unless the board is still declarant controlled. NRS 116.31034 requires that, at the termination of the declarant’s control, an executive board must be elected, and term may not exceed three years. Although there is no limitation on the number of terms, there still must be an election, properly noticed and conducted. If there is a vacancy, there must be an election. Only if there are no candidates may the board consider appointing someone to the board.”

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