Anthem Opinions: Sun City Anthem Board Agenda to Discuss Anti-Bully Policy...Sample Resolution for Agenda Discussion

Monday, May 23, 2016

Sun City Anthem Board Agenda to Discuss Anti-Bully Policy...Sample Resolution for Agenda Discussion

Sun City Anthem

Board Book Anti-Bullying Proposed Resolution

We previously announced that The Sun City Anthem Board of Directors would address a "bullying" policy for the residents of Sun City Anthem.

We were able to find a SAMPLE PROPOSED Board Resolution regarding that matter which will be discussed at the May 24th Board Book Meeting to be held in the Delaware Room of Anthem Center at 9:30 am.

Note...THIS IS NOT FINAL...THIS IS MERELY A PROPOSAL which MAY or MAY NOT BE ACTED UPON at the Board Meeting on Thursday, May 26th at 1:30pm in Freedom Hall.

We at Anthem Opinions STRONGLY ADVOCATE our association directors passing this ANTI-BULLY policy.

...and...

We need your help.

If you are in favor of its passage, PLEASE send emails to EACH AND EVERY BOARD MEMBER AT YOUR EARLIEST OPPORTUNITY.

We have established a special "Information Page" entitled "Sun City Anthem Board of Directors Information" as follows:

http://anthemopinions.blogspot.com/p/sun-city-anthem-board-of-directors.html

By clicking on this link, you can obtain each specific Board member's email address in order to send them your opinion on passage of this Association Policy.

Here is the proposed Resolution that has been stated on the official Board Book Agenda:

SUN CITY ANTHEM COMMUNITY HOMEOWNERS ASSOCIATION

BOARD OF DIRECTORS RESOLUTION

RE: BULLYING AS A VIOLATION OF NUISANCE COVENANT

WHEREAS, ______________ Homeowners Association (the “Association”) is a Nevada nonprofit corporation governed by the laws of the State of Nevada, including Nevada Revised Statutes (“NRS”) Chapter 116, which governs common-interest communities;

WHEREAS, NRS 116.3102(1) (a) provides that an association may “adopt and amend rules and regulations”;

WHEREAS, Article __, Section ___ of the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for __________ (the “Declaration”) empowers the Board, acting on behalf of the Association, to adopt, amend, repeal and/or enforce reasonable

and uniformly applied Rules and Regulations.

WHEREAS, NRS 116.049(3) defines an association’s governing documents to include its Rules;

WHEREAS, NRS 116.3102(1) (m) provides that an association “may impose reasonable fines for violations of the governing documents” of the Association;

WHEREAS, NRS 116.31031(1) provides that the Board may impose fines and sanctions against a “unit’s owner or tenant or an invitee of a unit’s owner or tenant” for violations of the Association’s governing documents;

WHEREAS, Section 1 of Assembly Bill 395 known as the “Anti-Bullying Bill, amends NRS 116 by adding NRS 116.31184, which states the following:

A community manager, an agent or employee of the community manager,a member of the executive board, an officer, employee or agent of an association, a unit’s owner or guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in an course of conduct against any other person who is the community manager of his or her common-interest community or an agent or employee of that community manager, a member of the executive board of his or her association, an officer, employee or agent of his or her association, another unit’s owner in his or her common-interest community or a guest or tenant of a unit’s owner in his or her common interest community which:

a) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or

b) Creates a hostile environment for that person.

2 WHEREAS, Article __, Section __ of the Declaration, governs nuisances within ________________ and reads, in pertinent part, as follows:

INSERT NUISANCE PROVISION FROM DECLARATION

WHEREAS, the Board desires to adopt a Rule clarifying the Association’s interpretation of Article __, Section __ (nuisance) of the Declaration and incorporating within its definition the Anti-Bullying provision set forth in NRS 116.31184.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby adopts the following Rule:

An officer or director of the Association, Owner, tenant, or guest of an Owner or tenant shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person who is the community manager or an agent or employee of that community manager, an officer, director, employee or agent of the Association, another Owner, tenant or a guest of an Owner or tenant which:

(a) causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or

(b) creates a hostile environment for that person.

Such conduct shall be deemed to be “noxious or offensive activity” that creates an “unreasonable annoyance or nuisance,” and as such is a violation of Article __, Section __ of the Declaration.

3. After notice and a hearing, as required by the Association’s governing

documents and NRS 116, anyone violating the above-referenced Rule may be sanctioned as follows:

(a) imposition of fines, consistent with the Association’s Fine Policy and Procedure;

(b) suspension of voting privileges;

and

(c) suspension of the right to use the Association’s Common

Elements.

DATED this _______ day of _________, 201_

___________________________

HOMEOWNERS ASSOCIATION