Q: If a homeowners association (HOA) uses the services of a Professional Management Company (PMC), and the employees managing the HOA are described in the agreement between the two parties as “Dedicated Part-Time Employee(s)” and “Dedicated Full-Time Employee(s)”, with the PMC paying them directly, can the PMC decline to provide hours and pay records under NRS 116.31175 by claiming they aren’t paid directly by the association?
I would hope this issue has already been decided. If private military companies can properly refuse to release this information based on those reasons, it would make this part of the law ineffective, especially considering the limited number of self-managed HOAs in the Las Vegas Valley. I look forward to learning more.
A: Section 116.31175 (4a) of NRS requires organizations to disclose the number of hours worked, wages, and benefits for their employees.
If staff members at your organization are assigned the federal employee identification number, also known as the tax identification number, of the management company, then these employees would be considered as belonging to the management company, irrespective of how the contract is worded. The management company would not be required to reveal the salaries and benefits for each specific employee.
What you could ask for and would be included in your association’s budget is a lump sum under the “employees” category. Some management companies separate this amount, allowing homeowners to access more specific details.
Q: My community manager says I can’t get copies of all accounts payable invoices because they might include homeowner information. They politely offered to charge a research fee to make sure no homeowner details are included. I don’t understand how a homeowner could be paid through accounts payable and still remain private — it should be considered part of the “Books, Records, and Other Papers” mentioned in NRS 116 116.31175.
I am concerned that I believe the board has approved improper expenses. For instance, utilizing the HOA’s landscaping contractor to perform work on a homeowner’s property without the board taking action to charge that owner for the expense.
A: According to section 4b of NRS 116.31175, the requirements for associations to supply records do not cover information pertaining to an owner from another unit, so you are not eligible to access them.
Barbara Holland, CPM, CMCA, AMS, is a writer, instructor, and legal consultant specializing in real estate matters related to property management and sales. Inquiries can be directed toholland744o@gmail.com.
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