HOA board must follow city’s pet code

Q: My question pertains to covenants, conditions and restrictions vs. city ordinance. Our CC&Rs state each home is allowed a maximum of two dogs and two cats.Numerous residences are now are housing six dogs because they state the city allows this. Some have mentioned they are registered as a dog rescue households.

Meanwhile, with the lovely weather upon us, we neighbors are hearing (and smelling) the increased presence of dogs.

Can the homeowners association board have the CC&Rs trump the city ordinance, especially if the dogs have become a nuisance to the surrounding, impacted neighbors?

Thanks so much for your insights.

A: You reside in the city of Las Vegas where the pet code allows up to six cats or six dogs without a special permit. An association’s regulations would be superseded by the city code. In this case, the association cannot have a regulation that would only allow one or two pets but must abide by the city code.

The association does have the right to enforce the removal of waste from common areas and from an individual homeowner’s yard. Excessive barking and vicious dogs are issues that would need to be addressed with animal control as well as with vicious dogs.

Q: I have a lower-floor condo. I am trying to avert damages as the both front door threshold and patio slider are damaged and worn. The HOA is in a stalemate about repairs on my unit.

Now, if they refuse, can I get three bids and have work preformed and present it to the board? Inform me of good HOA owner attorneys.

A: You will need to review your CC&Rs, as the maintenance for your front door and patio slider most likely would be your responsibility, and not the association’s, to maintain. Please check your governing documents before you take any steps.

Q: There is a board of directors meeting coming up, and I received the agenda items. There are many items that will be discussed. I would like to bring up some of these; however, many are not clear. Examples are: reimbursement for miscellaneous items, contract update, pool fencing repairs, RSI, MK house, exterior trash container, fix it welding, replace treadmills. Right off the bat, where is the accountability here in order for me to speak about something important? Or do I have to wait for the second homeowners forum of three minutes? Just what is the Nevada state statute here? It is all problematic to me.

A: Homeowners can make comments during the first homeowner forum as long as those items are on the agenda. If not, homeowners would have an opportunity to make comments during the second homeowner forum.

Q: My question is on HOA board elections and how they are conducted.

I live in a 55-plus community where many people do not attend board meetings.

When the managing company mails out ballots, they can be mailed back or submitted the day of the election and annual meeting, which is held at our property in our clubhouse.

If owners do not attend the meeting, but would prefer their ballot be submitted the day of the meeting and not mailed, can another owner submit their ballot for them as long as it is sealed legally in accordance with the law?

Please advise of the legality of this process,

A: No. Because of concerns from fraudulent ballots or altering the vote on a ballot, the law requires the homeowner of record to vote and to return their ballot to the association. In addition, Nevada Revised Statutes 116.31034 (15f), the incumbent members of the board and each person whose name is on the ballot may not possess, be given access to or participate in the opening and counting of the ballots that are returned to the association. Under NRS 116.311 (6), a proxy cannot be used for the election or removal of a member of the board.

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.