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Barbara Holland

Condo community installs gates at trash enclosures

By Barbara Holland RJRealEstate.Vegas
May 10, 2024 - 5:40 pm
 

Q: I live in a small condominium community of 84 units. We have three trash house enclosures on the property that have been damaged on the inside by homeless people and other undesirables camping out, eating, urinating and doing drugs among other things. Some residents are afraid to go in there to dump their garbage. Our homeowners association has decided to install locking gates. The locks will be keyed so all residents can use their common area keys to enter the trash house. The cost of fabricating and installing three trash house gates will be about $14,000. Can this expense be paid out of our reserve account? I read that if it is a health and safety issue necessary to secure and protect our trash houses, some exceptions can be made to pay for it out of our reserve account instead of our operating account. Can you share your expertise with me? I’m hoping we can pay for it out of reserves. Please let me know. Thank you.

A: You should speak with your reserve specialist to confirm if you can access your reserve account funds for this expenditure.

Assuming your gates are included in your reserve study, the reserve study laws in Nevada Revised Statutes 116.31152 allow for repairs, restoration and replacements, and you could use your funds for the new gates.

If you do not have the no-trespassing signs with the NRS law, you would need them posted in your community, as the police could remove people from your property.

Q: I have a question regarding HOA fees. We owned a condo in Las Vegas. After buying the condo we signed up for auto pay for the monthly HOA dues. We sold the condo, and the close of escrow was on Feb. 28. Our Realtor advised us to contact the community manager and make her aware so the auto payment would be stopped. We called and spoke to her on Feb. 20 and advised her of the close of escrow date. She requested we provide her with that information via email. We emailed her the same day. She has been horrible in acknowledging and or responding to emails, and she never responded to this email. On Feb. 28 an email was sent to her supervisor requesting that auto pay be stopped. On March 7, the HOA fees were withdrawn from my account for a property that I no longer own. I have emailed the community manager, her supervisor and the owner of the management company stating I want my money refunded and auto pay stopped. I am still awaiting their response, which I suspect will not happen.

What if any action can I take against the management company for withdrawing the funds without my permission for the property I no longer own?

A: If you have not already contacted your bank, please do so as they can prevent any further withdrawals from your account by the association.

Send a certified letter to the president of the management company, with a copy to the community manager and to the Nevada Real Estate Division-Ombudsman Office. In the letter state that if the money is not refunded within 30 days and verification that your account is no longer on auto pay, you will file a formal complaint against the management company and the community manager.

Q: I’m the HOA president for our small 14-home community. In September 2023, our HOA’s electric bill went from between $2 to $5 per month to now $33 to $36 per month. For some reason, prior to September 2023, we were not charged the fixed basic delivery fee (which is now around $31 per month). Our only use for HOA electricity is two LED lamp posts and a water timer. Is it possible to cancel our electric service and run the two lamp posts and water timer off my own electrical? I don’t mind paying the few extra bucks, myself. I can wire everything myself as that is my trade, but want to know your take.

A: You would need to add this to your board agenda as the board would need to approve the change. In addition, you should find out if there is a cancellation fee from the power company and what would be the fee to restart the service once you sell your home.

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.

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