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?

3 thoughts on “CC&R’s, Bylaws, Board Elections and the SCA

  1. I couldn’t agree more. I’m so very tired of the current Board’s constant manipulation of governing documents, Statutes, – you name it – all in an effort to support whatever their current agenda might be. This new and improved ploy is simply concern over their demi-God status as Board members up for reelection – and concerned they should be. It’s moves and motives like this that has so disenfranchised all of us. I’m grateful to see, if nothing else, it has manged to polarize this community into demanding something better – and believe me folks, it’s NOT anyone currently serving on the Board nor the ‘puppet’ manager who carries out their misguided orders. Everyone needs to go! The Association Manager (not necessarily the company, unless they refuse to replace her) needs to be replaced with someone a great deal more qualified and less biased against an aging community. Please neighbors! Exercise your right to vote – cumulative or otherwise! We pay for and deserve so much better!

  2. I am so disgusted with this Board and other recent ones.They use the CCRs and bylaws to unlawfully get the results they want
    Has anyone filed a complaint with the State Ombudsman?

  3. I received the attached message from a long term Sierra Canton resident. I’m posting it because it states so clearly the massive frustration felt by a majority of the SC residents. We need to change this situation. Get out and vote. New blood and new idea’s are “Good”. Don’t respond to messages that SC would fall apart if the current BOD’ers members weren’t re-elected. We all have good minds, and need to think for ourselves.

    I’m feeling a bit disinterested in the SC election this week now that I see the lack of security for our ballots.

    Duh! I should have thought about who gets to receive and chart the ballots! Since Managements new staff person is making over $40,000 (I know this) then SC Managements head person might be making about $120,000. This would be a hard job to replace especially since she has so little training. She has big motivation to insure the incumbent board wins.

    Taking some small risks to stealing an election. Small potatoes! The payoff is big.

    I’m so finished with other adults whom I don’t know… telling me what I can or can’t say in a public meeting, even when I believe that I’m well-spoken.

    I’m so finished with these strangers demanding that I put a tree in my front yard in the “designated spot” even thought I already have a three-story tree in my front yard, just not in the official spot.

    I’m so finished with strangers telling me that I have to go through a formal approval process in order to paint my white front door gray to match my gray trim… and also pay a $300 deposit so that they can check later, that it’s the “right” color And keep $120 of the deposit because their volunteers have to come and do an inspection!

    I’m so finished with being treated like a truant child.

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