97°F
weather icon Clear

HOA tows car with out required 24-hour notice

Q: I just got done reading a article you did regarding Nevada towing laws. Pertaining to apartment complexes. So much great information. I thank you for your time and energy putting that together.

I have an interesting one that I’m hoping I can get your thoughts on at my apartment complex. This property has always been poorly designed and never provided enough parking for the residents. So the property has made the decision to remove all guests parking from the property. They’ve also made the decision to give the residents parking passes to put in their windows.

Well, when the new rules went into a effect. I had completely forgotten to put the parking pass on my window. So, when I was home the other day with the car parked in a open space — legally parked in every other manner in front of my apartment — management intentionally requested to have my vehicle towed. There was no 48-hour notice or sticker place on my car, etc. They towed my car within an hour for no other reason than the alleged simple parking violation of not having a parking sticker in my window.

So, after reading your article regarding the laws and the legal thresholds that have to be met in order to tow a vehicle without notice, I think you would agree that towing my vehicle and not providing a 48-hour notice of violation, for nothing more than a simple parking violation of not having a parking pass in my window, is clearly an illegal towing?

Thank you advance for your time and your response.

A: Without reviewing any of your rules and regulations, it would appear to me that the towing of your vehicle was improper based upon the towing laws.

Q: I wonder if you could clarify something for me. The board members of our community took out the sewer obligation, which is included in the covenants, conditions and restriction, and are making the homeowners pay The homeowners were never notified the CC&Rs were never rewritten

A: There have been other associations who have removed the sewer payment from the association’s expenses and have transferred the sewer payment obligation to the homeowners. In most cases, there was some change in their governing documents that allowed this action.

Apparently, your case, the CC&Rs were rewritten. If they were rewritten, at some point, the homeowners would have been required to approve them by a written vote. You did not provide any additional information that would allow me to respond more precisely.

Just as a point of information, sewer fees are based upon the number of fixtures within the unit that is tied to the sewer reclamation system. Sewer fees are not based upon usage such as water, electricity or gas.

Q: Hi Barbara, First let me say I read your column every week and should shortly receive my associates degree in HOA information . My question is: Who assigns members to the Architectural Review Committee, and can those members be changed/rotated ? If so, should it be by email or verbal communication.

A: Generally speaking, all committees are established by your board of directors. Many associations have committee charters, which outline the responsibilities and the authority of each committee. Often, the charters will describe how members are appointed and the terms of the committee members.

You should review your CC&Rs or bylaws for the specifics of your association. The establishment of committees or adhoc committees or task forces should be on a board agenda and discussed and voted upon at the open meeting. This would also include the appointment or the removal of a committee member.

Note: The Southern Nevada Water Authority (SNWA) reminds residents that mandatory spring watering restrictions are in effect March 1 through April 30. The spring restrictions allows spray irrigation up to three assigned days per week. Drip irrigation can operate two to three times per week (landscape irrigation is prohibited on Sunday year-round). To find your assigned watering days, and for tips on how to water or maintain your landscape, visit snwa.com.

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

THE LATEST
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.

Sorry, you just can’t quit your HOA

Sorry, an individual homeowner cannot opt out of their homeowner association. Under Nevada Revised Statutes 116.2118, an association can be terminated, which is a complex process that requires the support of the membership.

HOA won’t do anything about ‘Addams Family’ house

I live across the street from people who live in chaos. The police have been there at least 50 times in 10 years. The house hasn’t been painted since it was new 20 years ago, and it looks like the Addams Family lives there.

HOA cannot fine renter for license plate display

If the renter has a current license plate that is lying on the inside window dash, the vehicle would have been properly registered. The association could not fine the renter because the license plate is not on the vehicle.

Frequent condo false fire alarm sets off neighbors

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.

HOA needs to find a way to maintain elevators in condo community

What happened to your reserves? Elevators would be covered under a reserve study, allowing the association to fund for their replacement and or repair. Your association should have been funding this expenditure since 1984.