Much has been said in previous posts and comments regarding the provision of “Equal Space” for opposing viewpoints on ballot initiatives. For reader information, the Nevada Statue NRS 116.31035 addressing such is quoted below.
NRS 116.31035 Publications containing mention of candidate or ballot question: Requirements; limitations.
- If an official publication contains any mention of a candidate or ballot question, the official publication must, upon request and under the same terms and conditions, provide equal space to all candidates or to a representative of an organization which supports the passage or defeat of the ballot question.
- If an official publication contains the views or opinions of the association, the executive board, a community manager or an officer, employee or agent of an association concerning an issue of official interest, the official publication must, upon request and under the same terms and conditions, provide equal space to opposing views and opinions of a unit’s owner of the common-interest community.
It is imperative that unit owners are aware of the rights granted to them under this provision. In past ballot mailings, the Somersett Board of Directors (BOD) has made their opinions and recommendations known without the benefit of opposing viewpoints to assist voters in their decision making process. However, be advised that it is not a requirement for the BOD to request or otherwise solicit alternate viewpoints. This is the responsibility of unit owners or organizations representing them.
Based on issues associated with the CC&R Ballot mailings, the BOD is now acutely aware of the rights granted to unit owners or their representatives under NRS 116.30135 and is adopting as process to handle future requests for “equal space”. What is important here is that any opposing views or opinions be disseminated at the same time as the ballot initiatives, so as to provide the voter the opportunity to consider all sides before submitting their ballot.
As most know, a Country Club Purchase Agreement will soon be disseminated for owner approval. Therefore, those who may wish to submit opposing views or opinions, should keep on top of the on-going process to insure that such views or opinions are included within the initial ballot mailings. Hopefully, as they have previously stated, the BOD will make copies of the finalized agreement available for viewing prior to any ballot mailings.
The “Letter of Intent” containing details of the proposed Country Club Purchase Agreement has been published previously on this website and may be revisited by clicking on the following link: