CC&R’s, Bylaws, Board Elections and the SCA

It appears that the Sierra Canyon Association (SCA) Board needs to recognize the intended purposes of HOA CC&R’s and Bylaws. Typically, the CC&R’s include: 1) language establishing the HOA, 2) the purpose of the HOA, 3) what an owner may, may not, or must do with respect to their property, 3) a description of the property covered by the CC&Rs, 4) the process for levying assessments, and 5) a description of the common areas and amenities.

In contrast , the purpose of the Bylaws is to establish how the HOA conducts its business under the CC&R’s. Typically the bylaws cover matters including: 1) how often the HOA holds meetings, 2) how the meetings are conducted, 3) the make-up and duties of the various offices of the Board of Directors, 4) the establishment of committees, and 5) membership definition and voting rights.

Obviously, member voting rights need to be established within an HOA governing document, but there is nothing in the NRS-116 statutes that require or prevent owner voting rights from being established within one or the other of these documents, or both for that matter. If both and a conflict occurs then the CC&R’s, a County recorded document, would supersede the Bylaws.

Bottom line, it would appear that the SCA Board in disallowing cumulative voting because it was not established within the CC&R’s is on a very slippery slope here and in violation of their own governing document (i.e., the Bylaws).

It would be interesting to see if the SCA Board has received a written legal opinion validating their position.  If this is really the case, is their own previous election invalid and therefore, all should resign?