HOA prohibits charging of electric vehicles

Q: I own an electric vehicle. The rules of my homeowners association prohibit the charging of electric vehicles on the property. I am thus forced to use public commercial charging stations in order to keep my vehicle running. EVs were only the stuff of science fiction when I moved in here about 15 years ago. Now, I am regretting my decision to buy my condo here. Do you think there is any chance that the HOA will change their rules as EVs become more common?

A: If each individual unit has its own separate and distinct power source, associations could allow vehicles to be charged. The problem becomes when you are living in a townhouse or condominium where the association would need to provide the charging stations where the owner would be charged for the use of the electricity. The mechanics need to be addressed as well as the initial cost to provide the charging stations. Rules and regulations for the use of the charging stations would be secondary.

Associations that are being planned, developed or under construction have a greater chance of providing the charging stations.

Q: Hello. I don’t have an homeowners association, but my mother does. She is sick in bed from chemo. I feel harassed by her HOA. They say they can’t tell we trimmed the bushes even though they’re 6 to 8 inches shorter. They’re demanding proof. They emailed me about a rescheduled hearing in the park at night. I never received a notice of a first hearing. I get it, I have to follow their rules so they don’t foreclose on my mother’s house but can they just summon me to a meeting in a park at night? I can’t decline for my own safety. Yes, it’s a community park but I don’t want to go there at night. They claim I received notice in the post of the hearing but that’s the one letter I didn’t get. They say they have proof they mailed me but I haven’t seen any. My dues are paid three months in advance and we arguing over some bushes that they want me to appear in a park to discuss. So, I have no rights at all? I am so depressed over this. My mother may be dying of cancer and this is how they treat me.

Thank you for any help in advance. I understand if you’re too busy to respond. Thank you.

A: Hearing the condition of your mom and the emotional stress that you are feeling, you can take the path of least resistance. Have a landscaper trim the bushes. Show pictures before and after the trimming along with an invoice from the landscaper showing that the work has been completed. You would need to send this information to the manager as soon as possible to avoid any fines.

As to a hearing scheduled at night in the park, request a hearing at the office. Let them know your safety concerns. There is no specific state law that prevents your association from having evening meetings at the park.

Q: Question about budget ratification meeting. How are these things supposed to work? Is it just an open forum? Are they supposed to have voted beforehand? Also, want to know about time and date, cause they’ve been having these things at 10:30 a.m. and no one can make them and everyone is mad, cause they can’t, and there are issues that need to be addressed. Like our water has gone up exponentially because of projects and no one can get online to vote, because of the meeting time is while everyone is at work. They have the community manager run it, whose employed by the company. They can do whatever they want to. What actions can we take about this?

A: Nevada Revised Statutes 116.31151 (3) pertains to the annual budgets being sent to the owners for ratification or rejection by the homeowners. Within 60 days after the adoption of any proposed budget, the board shall provide a summary of the proposed budget to each owner and shall set a date for a meeting of the owners to consider ratification of the budget, not less than 14 days or more than 30 days after the mailing of the summaries. Unless at that meeting, a majority of the owners or any larger vote specified in the covenants, conditions and restrictions reject the proposed budget, the budget is ratified whether or not a quorum is present.

There is no law as to what time the budget ratification meeting is to be held. Homeowners can ask questions. Ultimately, if you do not have the required majority to reject the budget, the budget will be ratified, even without a quorum.

If the proposed budget is rejected, the last ratified budget by the homeowners must be continued until that time a new budget is ratified.

Q: Barbara: I am a owner in a very large HOA here in Las Vegas. The board has been spending a lot of money on their attorneys. I requested to review those invoices to determine their exact nature of the legal services the board requested and the cost of those services. The board has refused to let me see those invoices. As a homeowner do I have the right to review those invoices?

A: Generally speaking, the answer is no. The association can send you copies of invoices but the information would be redacted, especially if the legal services pertained to homeowner violations or conflicts over enforcement, such as architectural issues, which are considered confidential per NRS 116.31175 (4b).

Barbara Holland, CPM is an author, educator, expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.