Resident Complaint Against Sun City Anthem Board can have serious ramifications

Resident Files NRS Complaint Against 

Sun City Anthem Board

If you receive emails entitled "Message from the Board President", you, like so many of us, usually hit the "delete" button...but the one received on Monday, March 23, 2015 listed a number of items that will be discussed on the Tuesday, March 24th board agenda review, and addressed at the Thursday, March 26th board meeting.

What caught our eye was one particular item:

A member claim of a violation of NRS 116.3103

We (like 99.99% of you) probably hadn't the slightest idea what this statue included.

So...we researched it and have reprinted it in order for you to understand the SERIOUSNESS of this complaint against the Sun City Anthem board of directors...

...and...how important it is to examine the various candidates who are running for election and reelection...

...as to their past actions in creating any legal (and expensive) association problems in the future.

It covers...

 FIDUCIARY RESPONSIBILITIES OF A BOARD

Here is the text of NRS 116.3013: 

NRS 116.3103 - Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power.

1. Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board acts on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries and shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association.

Officers and members of the executive board:

(a) Are required to exercise the ordinary and reasonable care of officers and directors of a nonprofit corporation, subject to the business-judgment rule; and

(b) Are subject to conflict of interest rules governing the officers and directors of a nonprofit corporation organized under the law of this State.

2. The executive board may not act to:

(a) Amend the declaration.

(b) Terminate the common-interest community.

(c) Elect members of the executive board, but unless the governing documents provide that a vacancy on the executive board must be filled by a vote of the membership of the association, the executive board may fill vacancies in its membership for the unexpired portion of any term or until the next regularly scheduled election of executive board members, whichever is earlier.

Any executive board member elected to a previously vacant position which was temporarily filled by board appointment may only be elected to fulfill the remainder of the unexpired portion of the term.

(d) Determine the qualifications, powers, duties or terms of office of members of the executive board.

3. The executive board shall adopt budgets as provided in NRS 116.31151.

(Added to NRS by 1991, 557; A 1993, 2364; 2001, 3193; 2003, 225; 2005, 2592; 2009, 1734, 2797; 2011, 2430)

Disclaimer: 
These codes may not be the most recent version. 

Nevada may have more current or accurate information. 

We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 

Please check official sources.

We will keep you posted as to the result of this filed complaint.