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December 7, 2009

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User profile: booker46

Joined: July 7, 2008

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HOAs - MERELY A MICROCOSM OF WHAT SURROUNDS THEM.
Firstly, and in context, I note that more detailed media coverage is seemingly given this matter than is the $800Bn burden our legislators recently placed upon taxpayers despite advise from the taxpayers to reject such a bill as an unwarranted corporate gift package.
Accordingly all should vote for third parties (particularly Nader/ Gonzalez) as indication of dissatisfaction with the current regime and its similar possible replacement from either major party.

I am personally against over codification and particularly against knee-jerk legislative reactions based upon false premises as appear suggested by a certain state senator who appears, most charitably, ill informed.
The now much (partly) quoted statute which is said to provide for HOA board members being not required to be an owner of a unit within the development is only partially accurate.

"NRS 116.31034(1)... the units' owners shall elect an executive board of at least three members, at least a majority of whom must be units' owners. Unless the governing documents provide otherwise, the remaining members of the executive board do not have to be units' owners..."

Please note that if the HOA's governing documents provide that board members shall be owners of record, non-owners may not serve on the board.
Clearly governing documents may include such language, and likely should, in order to prevent incursions by special interests not necessarily in the best interests of the HOA.

There are able to exist many potentially incestuous relationships between so-called management companies and "vendors" because boards often do not accept the responsibility of management, abdicate responsibility and allow its servants (the for profit management company)to dictate policies, procedures and negotiate contracts on the board's behalf.

Board members should have (as they affirm to) sufficient understanding of the laws relating to common interest communities to be effective and to provide paid community managers with proper direction. Proper education is the answer for both boards and so-called managers.

I would estimate that there are more well grounded construction defect lawsuits in Nevada than those which are clearly dubious.We have existing courts, laws, rules of evidence and burdens of proof. All designed with "justice" in mind.

If, as is inferred, the catalyst for such lawsuits and associated unfounded avarice is the "loading" of boards with non-owner "shills," then ensuring that your HOA's governing documents include language which limits board membership to owners will likely solve the problem without further legislation being necessary or of benefit.

(Suggest removal) 10/5/08 at 10:50 a.m.

All Nevadans need Ralph Nader on the ballot even if they may eventually vote for others.
We desperately need meaningful dialog and debate of important issues which affect us all in Nevada. The major parties and their candidates deny us that.
Remember- Ralph championed Solar power (not Nevada Power) back in 2004 when he spoke in Las Vegas. Now we have a solar equipment factory here.
Nader should be in all debates henceforth.

(Suggest removal) 7/7/08 at 11:24 a.m.

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