Owners unhappy with landscaping company
Q: Some of our unit owners are unhappy with our landscaping company – a common complaint in condo owner associations. They want more on-site workers, even though many owners don’t want higher dues. Some owners want access to landscaping contract proposals before contracts are executed.
Do non-board unit owners have the right to view contract proposals or bids? What about tenders (requests for proposals)? Should non-board members have a say in proposals and contracts, or are these matters solely the responsibility of the board and management company?
A: The association’s board of directors has the authority to request bids and/or proposals, review bids at a public meeting of the board, and select the vendor without review by the owner for approval.
Owners have the right to request a copy of signed contracts in writing. Since the proposals are association records, an owner could also request a copy.
Many associations have standing committees or working groups that allow owners to participate in the selection process according to guidelines set by the board, such as when interviewing companies and their departments. These committees can make recommendations, but realize that the final decision rests with the board.
Q: Upon further review of our association’s bylaws, I have discovered that a copy of the agenda must be submitted with notice of an upcoming board meeting. My question is, does the association have to comply with this or can they use Nevada Revised Bylaw 116.31083.5 to provide an agenda at a date closer to the date of the meeting.
Article 4.16 convening of board meetings:
It is the Secretary’s responsibility to send notice of each Board meeting to each Director and each Registered Member. Notice must be delivered by hand or mailed within the United States, postage prepaid to the member’s lot address or other mailing address designated by the member, at least 10 days prior to the meeting. In the event of an emergency, the Secretary shall, if possible, cause notice of the meeting to be sent by postage prepaid in the United States to each Member’s lot address or such other mailing address as the Member may designate. If it is not possible to deliver the notice in this manner, the notice must be delivered by hand to each lot of the project or posted in a conspicuous place or places in the common elements of the project. The notice indicates the purpose of the meeting as well as the day, time and place where the meeting is to be held and must include a copy of the agenda. Except for civil actions brought by the association to (a) enforce the payment of dues, (b) enforce the declaration, articles of association or rules and regulations of the association, (c) make a claim counterclaim, or (d) protect the health, safety and welfare of members of the association, notice of a meeting at which an appraisal for a capital improvement or the commencement of a civil action is due to be considered or to which an action on an assessment must be taken must be given.
A: In this case, your governing documents would supersede NRS 116.
Barbara Holland is an author and property management educator. Questions can be sent to [email protected]