COLUMN: Barbara Holland

Q. The articles of our association state that at the first annual meeting, the members shall elect one director for a one-year term, one or two for a two-year term, and one or two for a three-year term. Thereafter, each director will serve a three-year term.

In another section, it states that the term of office for officers should be for one year.

The current board was elected at the annual meeting. We are totally confused as to the length of their term. We need to know how to handle the balloting for our upcoming election.

A. First, your governing documents allowed for a procedure for terms to expire at different times so there would be some continuity in management.

Second, three-year terms now violate state law. The new maximum is two years. There are no term limitations, so a director can be re-elected for multiple terms.

Third, the section pertaining to one-year terms refers to officers of the board. Each year, the board elects its own officers to serve one-year periods. For example, in your first year as director you can be president and in your second year as director not be an officer at all.

You can develop a rotating system by having some seats for a one-year period and others for a two-year period and thereafter having all seats for a two-year term.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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