Nevada Annual General Meeting Requirements for Condos, Co-Ops, and HOAs

The Nevada Condominium Act applies to property divided into condominiums only if documents were recorded before January 1, 1992, describing the land, floor plans, and consent by all record holders of security interests. [NRS 117.020] The Declaration of Restrictions sets forth the provisions for the management of the condominiums, including meetings, notices, quorums, and voting rights.

Co-ops could be organized under the Miscellaneous Organizations statutes. These statutes define several different types of cooperative organizations. They do not directly address meetings, voting, quorums, or proxies within the statutes. The bylaws, articles, and organizational documents of the co-op should define these requirements.

With a few exceptions, the Nevada Uniform Common Interest Ownership Act applies to most common interest properties created in Nevada. Applicable provisions of the Act that apply to annual meetings include, but are not limited to:

• A meeting of the owners should be held at least once per year. 
• Notice of annual meetings is to be given at least 15 days before, but not more than 60 days in advance of the meeting date. The notice must have a copy of the meeting agenda attached.
• Unless provided by statute or the governing documents, a quorum for an annual meeting equals 20 percent of the votes in the association represented in person, by proxy, or by absentee ballots.
• Members may vote in person, by proxy, or by absentee ballot, unless prohibited by the bylaws or declaration. The votes must be made in accordance with the requirements in the statute and the governing documents. 
• Members may vote by electronic or paper ballot when a vote is conducted without a meeting.

A careful review of the statutes and the governing documents may be necessary to define other provisions that could apply to annual meetings.

If a homeowners association is organized as a nonprofit corporation, the provisions of the Nonprofit Corporations Act could also apply. Applicable provisions of the Act that apply to annual meetings include, but are not limited to:

• Meetings of members are to be held in accordance with the bylaws and articles. 
• Members may choose to act by written consent instead of having a meeting.
• Unless otherwise provided in the bylaws or articles, a quorum equals ten percent of the voting power of the members entitled to vote. 
• The statutes permit proxy voting and ballot voting. 
• The board of directors may fix a day not more than 60 days before a meeting of members to determine which members are entitled to notice and vote at the meeting. 

Board members should consult legal counsel if they are unsure whether they must follow the provisions of the Nonprofit Corporations Act regarding requirements for annual meetings.