101°F
weather icon Clear

HOA management company charges ARC fee

Q: Our homeowners association never charged to submit an Architectural Review Committee form. New management is on board, now, and with no written notice to homeowners, they are charging a fee. I would think that we should be notified. What’s the ruling on that?

Also, we are having a problem with management seeing through a problem that deals with a homeowner that is disabled. Months have gone by and nothing is being done. We have just contacted Americans with Disabilities Act (filed a complaint) and waiting for a response. Please give your suggestion and opinion on this ruling.

A: As to your first question: A number of management companies are now charging an architectural fee. This fee is probably included in the management contract that was agreed upon by your board. Some management contracts have a clause, which allows the management company to impose additional reimbursable charges after the first year of management with a written notice to the board prior to the new calendar year. There is no specific section in Nevada Revised Statutes 116 about any notification of a new fee to the homeowners.

As to the second question: You did not provide any additional information as to the issue concerning the disabled homeowner. ADA is the abbreviation for the American Disability Act. The Americans with Disabilities Act of 1990 or ADA (42 U.S.C. § 12101) is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,[1] which made discrimination based on race, religion, sex, national origin and other characteristics illegal, and later sexual orientation. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.[2]

The Fair Housing Act (FHA) of 1968 applies to residential communities, both apartments and homeowner associations. Within this body of laws, there is a disability section. In most cases, an association would have an FHA claim against them as opposed to an ADA claim.

It would not surprise me that this association is waiting for some response from the federal government. Many agencies are still not up to speed because of the lingering pandemic. My advice is to contact them on a regular basis if needed but don’t expect a fast resolution.

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

THE LATEST
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.