Briarhurst West Neighborhood Association· Lincoln, Nebraska
Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on Briarhurst West Neighborhood Association’s website against current Nebraska and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Article IV, Section 4 · Page 1
Allowing the Board or President to selectively grant proxy voting privileges to certain members while denying others violates Neb. Rev. Stat. §§ 21-1960 and 21-1963.
Operative Clause · Article IV, Section 4 (Page 1)
“Proxy Voting Prohibited Without Board Approval — Members may vote at annual and special meetings only in person, except that the Board of Directors may in its sole discretion allow selected Members to…”
Why It’s Flagged
Neb. Rev. Stat. § 21-1963
Under Neb. Rev. Stat. § 21-1963(a), unless the articles or bylaws uniformly prohibit or limit proxy voting, a member has the statutory right to appoint a proxy to vote or otherwise act for the member by signing an appointment form.
§ 21-1960: All members of the same class must have equal rights and privileges.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article IV, Section 4 to conform with Neb. Rev. Stat. § 21-1963 prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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