HOA finds backyard fence in violation of rules

Q: I have enjoyed reading your column for several years along with the information that you get to share with the readers. I do have several questions that I am sure you will be able to share valuable information on.

1. I was given a write-up from my association on the fence covering that I had on my wrought-iron fence. This covering had been there for several years. They (the homeowners association board) had come onto my property to look at my neighbor’s front and backyard, which had a complaint for landscape maintenance.

To my knowledge and what I have read in the covenants, conditions and restrictions it states that the offense should be seen from the street. Do they have the right to come onto my property for another neighbor’s complaint?

2. I also have a question about today’s COVID world. Is it all right for people to be renting a house or condo on a short-term basis (three to four months) in the Las Vegas area?

A: Your governing documents, consisting of rules and regulations, apply to your property and its exterior, regardless of whether it is the front or backyard. Many associations have an informal policy that they do not walk on your property in order to see your backyard.

If a homeowner has a complaint about your backyard, the association does have the right to issue a violation notice. Normally, an association would not walk on your property to view another homeowner’s violation.

As to the COVID and short-term rentals in Las Vegas, you would still need to apply to the city to have a short-term rental, regardless of the pandemic.

Also, you will need to check your covenants to see if short-term rentals are even allowed.

Q: Per Nevada Revised Statute 116.31088, for HOA boards to start or proceed with a legal action they need to get approval from their members by at least a majority of votes of the members of the association are allocated. This means the HOA board needs 51 percent of the total members to vote yes to proceed. Is this how you understand the Nevada code?

Please note, the required vote does not include the below. However, if below section (e) is used, the HOA board would still need within 90 days to get approval from its members by at least a majority of votes of the members of the association are allocated. Is this how you understand this section?

(a) To enforce the payment of an assessment;

(b) To enforce the declaration, bylaws or rules of the association;

(c) To enforce a contract with a vendor;

(d) To proceed with a counterclaim; or

(e) To protect the health, safety and welfare of the members of the association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated.

If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.

A: You are correct that under the law, the association may commence a civil action without a vote or written agreement of the homeowners that is being commenced as you note in sections, a,b, c and d.

Section e does require ratification within 90 days after the commencement of the action by a vote or written agreement of the owners with at least a majority vote of approval.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.