A Las Vegas homeowners association is taking a closer look at how it can remove board members who repeatedly miss meetings, turning attention to a Nevada law that already gives residents that power. Under NRS 116.31036, community associations across the state can recall or remove a board member with or without cause — meaning poor attendance alone can be grounds for a vote to oust someone from the board, without needing to prove misconduct.
What the Law Allows
NRS 116.31036 gives Nevada homeowners associations broad authority to remove a sitting board member through a recall vote. Because the statute permits removal 'with or without cause,' an association doesn't need to show wrongdoing — chronic absenteeism or simply a loss of confidence from homeowners can be enough to trigger the process.
Who's Affected
The statute applies to any board member serving a common-interest community association in Nevada, from small HOAs to large master-planned communities. In this case, discussion centers on board members whose attendance record has raised concerns among homeowners about whether the board can function effectively and meet its obligations to the community.
How the Recall Process Works
Recall under NRS 116.31036 typically starts with homeowners petitioning for a special meeting or vote, as outlined in the association's governing documents and Nevada law. Because procedural details — such as required signatures, notice periods and voting thresholds — can vary depending on an association's bylaws, homeowners looking to initiate a recall should review their specific CC&Rs alongside the statute before moving forward.
Resources
Homeowners with questions about recall procedures can consult the full text of NRS 116.31036 through the Nevada Legislature's website, reach out to their association's management company, or contact the Nevada Real Estate Division, which oversees common-interest community law and can offer guidance on board governance and homeowner rights.
Key Facts
- Nevada Revised Statute 116.31036 allows associations to recall or remove board members with or without cause
- Board attendance issues have prompted discussion of recall procedures
- Homeowner associations have legal mechanisms for removing underperforming board members