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Frequent condo false fire alarm sets off neighbors

Q: What can be done about a fire alarm going off in one of our association’s attached patio homes for the past several weeks? The home is not occupied at this time as the owner became ill and her family took her to Arizona. We have no way to contact the family. The police have been there several times doing wellness checks but claim they cannot do anything about the alarm. Our homeowners association and fire department also say they have no jurisdiction to go into the home to shut off the alarm.

Any advice would be greatly appreciated. Thank you.

A: If you can find the name of the alarm company for that house, you could contact them and ask for assistance. They most likely can disconnect the alarm.

Q: I’ve read many of your articles and opinions. (Love them btw.) An article written from back in 2019 noted that an HOA is only able to foreclose on a property for fine violations that specifically relate to health and safety issues. (And, obviously, for nonpayment of assessments. )

I’m interested in the specifics that relate to fines and the ability to foreclose.

In reading through the Nevada Revised Statutes 116-, I haven’t been able to identify the specific law that states such.

Can you kindly provide me with the section of the statute(s) that address these particular circumstances?

Thank you in advance for your time and consideration.

A: The foreclosure laws begin with NRS 116.3116 to NRS 116.31168. NRS 116.31031 addresses the violation/fine procedures. NRS 310.310312 addresses foreclosure procedures pertaining to maintenance issues. NRS 116.310313 defines reasonable charges to collect any past due obligation.

Hope this helps.

Q: I have read your columns for many years here in Las Vegas. We have now reached a point in our community that is affecting every homeowner.

Our covenants, conditions and restrictions clearly outline the HOA is responsible for paying water, sewer, trash every month. The board of directors has refused to pay water reclamation for sewer since July. The current management company says the CC&Rs were never amended to remove HOA responsibility for sewer service, and there is no need to do this.

The previous management company conceded that the HOA is responsible but took no action.

The bill for sewer now comes directly to each homeowner as directed by the board. This issue was never brought up for a communitywide owner vote; rather the board felt by sending each homeowner a letter stating they will now be responsible (for the bill) is sufficient. I beg to differ. Any advice?

A: If the responsibility of the sewer payment was in the CC&Rs, the board would have needed to amend the CCRs by the vote of the owners. Because this was not done and owners are receiving sewer bills, the association should credit the sewer fees against the homeowners’ assessments. You may want to file a formal complaint with the Nevada Real Estate Division to investigate the change in sewer payments.

Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

HOA vice president has right to hear complaint against him

If the president wants to review the complaint with the full board, the president should call for a formal hearing. The president should not be judge and jury.

Homeowner says letter wasn’t nice but it wasn’t harassment

I sent management a couple of emails they didn’t like. Now I’m being charged for harassment. There is no bylaw covering “you have to be nice to management,” so they are citing me under a “no firearms are to be discharged/ no unsafe fires are to be started.”

Homeowners association has power to fine fighters

I live in a townhouse community. There is a home where the residents nearly daily get into extremely loud, screaming fights. Police have been called more than a few times. Numerous complaints have been filed to the homeowners association, but nothing seems to be getting done.

What new water restrictions could communities face?

It does not take a rocket scientist to know that we have a major water issue in Southern Nevada. Lake Mead is now 29 percent full. I can remember going to Lake Mead with my family to see the water that was overflowing in the 1990s through the spillways. The writing is on the wall!

New water law unclear when it comes to communities

You are not the only one waiting for clarification. I think we all are waiting for direction. It is my understanding the law, which was passed last legislative session, excluded residential owners who own their own property. This would include their front and backyards. Common areas of an association would fall under the new law as to whether your common area landscape is inefficient use of grass.

Homeowner wants rental cap for new community

Based on the six-month rental clause in your governing documents, there is no rental cap. You could have a significant number of renters. You would have to talk with the developer and see if they are willing to modify the CCRs to have a rental cap not to exceed 25 percent of the units.

Homeowner has long list of HOA complaints

As to the first item: Set an appointment with the management company and bring all of your documentation. It may take then a week or so for their accounting department to go through their records. Assuming that the same management company has been in place during the last six years, the accounting department should be able to view your information against the association records.

Large tree sheds leaves into neighbor’s yard, pool

If you have not contacted the owner of the house, please do so. If you don’t feel comfortable meeting face to face, then send the homeowner a letter. You may want to include some photographs. Ask the owner to please take care of overhangs, otherwise you will be forced to have your landscaper cut the limbs. By placing your neighbor on notice, allowing a reasonable amount of time for the neighbor to respond, you would be reducing any liability from the neighbor by trimming the tree.