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Did BOD Candidates Report Conflicts?
Submitted by Robert Stern
On February 11, I electronically received a letter from SCA Counsel Gregory Kerr addressing my February 3 complaint.
Attorney Kerr quotes NRS116.3103034(9)(a) by acknowledging Ms. Sharples did not declare any potential conflicts for her 2025 nomination. He states she didn’t need to and will be a candidate for 2026 Board Election.
He further states Ms. Sharples’ company is not, and has not been, in any contractual relationship with the Association since it contracted with the Association to provide and organize entertainment for the Happy Hour Bridge program. Additionally, did she and does she have any direct or indirect conflicts, because it appears to a reasonable observer she may with Masterpiece Cuisine.
The key here is that Ms. Sharples violated SCA’s policy and procedures as to Candidate Eligibility by not disclosing previously being a service provider. The attorney got it wrong misstating the policy. Disclosure was required in 2025 and was required in this 2026 election.
Added by Rana Goodman
After reading the above note I went on the Nevada Revised Statutes (NRS) 116 which governs HOAs in Nevada, to research up to date law regarding Home Owner Associations. The following is what I found.
“Each person who is nominated as a candidate for membership on the executive board pursuant to subsection must: Make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board;
The candidate must make all disclosures required pursuant to this subsection in writing to the association with his or her candidacy information.
Except as otherwise provided in this subsection, the association shall distribute the disclosures, on behalf of the candidate, to each member of the association with the ballot or, in the event ballots are not prepared and mailed pursuant to subsection, in the next regular mailing of the association.
Each member of the executive board shall, within 90 days after his or her appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that the member has read and understands the governing documents of the association and the provisions of this chapter to the best of his or her ability.
The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116.31158. 31 16. If a person is not eligible to be a candidate for, or a member of, an executive board or an officer of the association pursuant to this section or any other provision of this chapter.
The association: (a) Must not place the name of the person on any ballot as a candidate; and (b) Must prohibit the person from serving.
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