Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on Waterford Estates HOA’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 III, Section 2 · Page 1
Barring member petitions for special meetings and allowing 48-hour website notice violate the Nebraska Nonprofit Corporation Act.
Operative Clause · Article III, Section 2 (Page 1)
“Special Meetings and Minimum Notice — Special meetings of the Members may be called only by the President or the Board of Directors upon giving forty-eight (48) hours' notice posted on the Association…”
Why It’s Flagged
Neb. Rev. Stat. §§ 21-1952 & 21-1955
Under Neb. Rev. Stat. § 21-1952(a)(2), a nonprofit corporation must hold a special meeting of members on call of at least five percent (5%) of the voting power of the corporation (unless the articles or bylaws specify another percentage not exceeding 25%).
Furthermore, under § 21-1955(a)-(c), fair and reasonable written notice must be given no fewer than 10 days (or 30 days if mailed by other than first-class or registered mail) nor more than 60 days before the meeting date.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article III, Section 2 to conform with Neb. Rev. Stat. §§ 21-1952 & 21-1955 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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