How Do I Remove an HOA Board Member in Nevada? Elections and Recalls Under NRS 116

The recall process step by step

Under NRS 116.31036, a recall generally works like this:

• Draft a petition naming the director or directors to be removed
• Collect signatures from owners holding at least 10% of the voting power
• Deliver the petition to the board or the community manager
• The association must hold a special election within the statutory window
• Ballots are secret and counted at an open meeting
• Removal requires at least 35% of the total voting power, not just of those who vote

Rules for regular board elections

Nevada requires secret written ballots for director elections, advance notice to all owners, an opportunity for candidates to submit statements, and an open-meeting count. Many associations also let owners vote by electronic means where the governing documents allow. Directors generally serve staggered terms set by the bylaws, and in many communities a majority of the board must be owners.

Signs an election was flawed

Common problems that justify a challenge:

• Ballots counted in a closed session or by the candidates themselves
• Missing or late notice to owners
• Candidate statements refused or edited by the sitting board
• Proxies or ballots collected improperly
• The board refusing to schedule a recall election after a valid petition
• Owners improperly disqualified from voting

How to challenge an election

Start by requesting the election records, including ballots, envelopes, and the tally, under NRS 116.31175. File a complaint with the Ombudsman for Owners in Common-Interest Communities. For serious violations, a court action can void the result and order a new election. Act quickly; delay makes it harder to unwind a board's decisions.

Practical tips for a successful recall

Recall thresholds are based on total voting power, so turnout is everything. Build a list of owners early, explain the specific concerns in plain terms, and keep the campaign factual. Personal attacks invite defamation claims and alienate neutral owners. Having a slate of replacement candidates ready reassures owners that the community will keep running.