Three can make a quorum for HOA board

Q: I have a question regarding a quorum. As I understand, the homeowners association’s board of directors may not meet with a quorum without noticing it as an executive session. Our community has as board of five. Four of those board members resigned in October, and the remaining one appointed two board members to carry on with business until the upcoming July election. So, we have three board members. There was a conscious decision to not appoint the additional two seats, rather to leave them unfilled until the election. So here is my quorum question.

I think since we have three board members, the quorum is two. Therefore, when two board members are holding meetings, it is an executive session. I questioned this and was told by the community manager that a quorum is three since “technically” we are a board of five with two vacancies. Can you clear this up with reference to Nevada Revised Statute 116. Is our quorum two or three?

A: Let’s assume that you have a full board of five directors and at a duly noticed board meeting only three directors can attend. Yes, the three directors constitute a quorum, and yes, a vote where two directors approve is a valid vote.

Your community manager is correct that three board members constitute a quorum.

Q: Hi. I am seeking assistance for an HOA violation for removal of satellite dishes on the side of my house. We are the new homeowners for two months, now, and we recently received a violation notice for this issue. The satellite dishes are not connected but we may decide to get dish service in the future. These satellite dishes were installed by the previous owners and they were not given any violations for this issue. Am I protected by the Telecom Act of 1996? I have requested a hearing for this issue. Thank you for your help.

A: You said at this time, you do not have satellite service. Based on your comment, I do not believe that you have any protection under the Federal Communications Commission regulations since you are not using a service. You can contact the FCC at 888-225-5322 for an official position.

As to the previous homeowners, they most likely had received approval for their satellite dish from the association when their service was initiated. You did not provide me with a copy of the violation letter, which should have included the specific rule and regulation that was being violated. The association’s regulation may not be valid. If this regulation is in violation of the FCC regulations, the association would need to make the appropriate changes.