HOA has options in dealing with abusive homeowner

Q: I live in an (age-qualified) community with 133 condo units, Our latest budget/homeowners association meeting did not go well. A homeowner had his three minutes to speak as per the ruling set.

This homeowner was totally out of hand and abusive to say the least. He was going after the four board members in a great matter of concerns, threatening them, taking 20 minutes of time. It has been going on now for some time. However, this past meeting was the worst yet. The board did nothing to stop this nonsense, and the management company said nothing. Less homeowners are now participating because of this abuse taking place almost all the time.

What can be done about this situation at hand so it does not happen again?

A: Your board has options. They can issue a violation notice based upon Nevada Revised Statutes 116.31184 and NRS 388.122. Both of these laws pertain to harassment and bullying. They can have their attorney step in and write the letter with a warning that the homeowner could be excluded from attending the association board meeting for an explicit time period.

There is no excuse for inappropriate behavior. To disagree is your right. Being obnoxious is not.

Q: I need to get clarification on a HOA situation. I received a violation letter from the HOA to which I have responded with my plan to resolve. It is my understanding, which I have in writing, that the HOA has 45 days to respond. The 45 days has well passed. Based on the nonreply it is my understanding the violation letter and its content and any fines related are now null and void; and the letter of violation never occurred. Thanks in advance for your assistance with this request.

A: The letter you received pertained to your application for a gate replacement. Apparently, your application began the approval process on Sept. 29, 2023. It appears the association had 45 days to approve or reject the application but as of this time, you have not received any further status report or approval or denial of the application.

To avoid any future notices from the association that could result in weekly fines; if you assume the association has approved your architectural request, you should reach out to the community manager and find out what the board has done with your application. There have been other readers who have faced the same situation, assumed approval, began or completed their project and then found out that their board has denied their request and fines started to accrue.

You should never begin a project without written approval from the association. You may need it in the future as when you are selling your home. Unfortunately, there are times that future boards may issue a violation notice for the improvement without realizing that your improvement was approved.

If you cannot obtain satisfaction as to the status, you should then contact the ombudsman office to help address the delay.

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