Several days ago the attached letter was received from Ms. Eva Segerblom, attorney for the ACHOA (all of us property owners). The letter requests that Concerned Neighbors of ArrowCreek (CNA) provide documentation “…that CNA has met the minimum requirements to be organized as an entity in the State of Nevada, and as required by the Secretary of State.”
[Below please see the total paragraph NRS 116.31035 (the numbers are hyperlinked here and below to the on-line 116.31035 regulation) of which subsection 1 is quoted by Ms. Segerblom; if you read a little further, subsection 2 contains the sentence that CNA is using to request equal voice and space. Nowhere in 116 is there any statement of requirements of what an “opposing view organization” is.]
So, dutifully, the Secretary’s offices were contacted and the following discoveries were made: 1.) From the Business Division: No business license is required for a purely political/dissident organization that isn’t producing anything tangible, thank you very much for your inquiry; 2.) next was a transfer to the Elections Division and they stated that they do not get involved in HOA politics/political disagreements. They aren’t aware of any registration requirement for such a group within an HOA/CIC. The conclusion is that the ACHOA is in entirely new territory and there aren’t any applicable statutes or regulations that apply. Organized dissent is not recognized by NRS 116. It is a family feud that they want no part of.
CONCLUSION: One more ‘speed bump’ has been eliminated and the property owners against buying the golf club can be known as the Concerned Neighbors of ArrowCreek (CNA) with no need for a business license, organized structure or roster. The Segerblom letter does nothing to serve the ACHOA members – Did I mention we were members of the ArrowCreek HOA?
NRS 116.31035 Publications containing mention of candidate or ballot question: Requirements; limitations.
1. 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.
2. 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.
3. If an association has a closed-circuit television station and that station interviews, or provides time to, a candidate or a representative of an organization which supports the passage or defeat of a ballot question, the closed-circuit television station must, under the same terms and conditions, allow equal time for all candidates or a representative of an opposing view to the ballot question.
4. The association and its officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to subsection 1, 2 or 3.
5. As used in this section:
(a) “Issue of official interest” means:
(1) Any issue on which the executive board or the units’ owners will be voting, including, without limitation, elections; and
(2) The enactment or adoption of rules or regulations that will affect the common-interest community.
(b) “Official publication” means:
(1) An official website;
(2) An official newsletter or other similar publication that is circulated to each unit’s owner; or
(3) An official bulletin board that is available to each unit’s owner.
(Added to NRS by 2011, 2414)
