Las Vegas Review-Journal (Sunday)

Homeowers are allowed to display their political signs

- BARBARA HOLLAND ASSOCIATIO­N Q&A Barbara Holland is a certified property manager (CPM) and holds the supervisor­y community manager certificat­e with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holla

Q: What does the law say about posting a political candidate’s signs? Can a homeowners associatio­n keep owners from posting a sign in their windows or planting a sign in their lawn?

A: Under Nevada Revised Statue 116.325 (1), an associatio­n cannot prohibit a unit owner or an occupant of a unit from exhibiting one or more political signs within the physical portion the owner or occupant has a right to occupy and use exclusivel­y, subject to the following conditions:

■ All political signs cannot be any larger than 24 inches by 36 inches.

■ If the unit is occupied by a tenant, the homeowner may not exhibit any political sign unless the occupant consents in writing to the exhibition of the political sign.

■ All political signs exhibited are subject to the applicable provisions of the law governing the posting of political signs, i.e. the county or municipali­ty where you reside.

■ A unit owner or an occupant of the unit may exhibit as many political signs as desired but may not exhibit more than one political sign for each candidate, political party or ballot question.

■ The law defines political sign to mean a sign that expresses support for or opposition to a candidate, political party or ballot question in any federal, state or local election or any election of an associatio­n.

As to your question, yes, sign or signs can be placed on the unit’s front lawn.

Q: I am the president of a small HOA board. We have 50 single-family homes and are sub-associatio­n of a larger community. As president I called for a special meeting but the other two board members objected. They now have called for a special meeting, but want to make it an executive meeting so that the homeowners may not participat­e. Our manager (who we pay) stated that she would inform the homeowners of the meeting, but would also advise them that they could not participat­e.

Can they deny the homeowners to participat­e in a special meeting by declaring it as an executive session?

A: Under NRS 116.3108, there are three ways that a special membership meeting can be called, which include the president, a majority of the board or at least 10 percent or any lower percentage specified in the bylaws by the membership.

To call for a special board of directors meeting, check your bylaws. It will probably state that the president can call for the special board meeting or a majority of the directors. In your case, if the president called for a special board meeting first, then that would be a legitimate meeting which would be open to the membership.

An executive meeting is very specific and the subject matter is restricted per NRS 116.31085. It would include violations, delinquenc­ies, consulting with an attorney on proposed or pending litigation that would be considered privilege (per NRS 49.035 to 49.115 inclusive) and discussion of character, alleging misconduct, profession­al competence, etc., of the community manager or an employee of the associatio­n.

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