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HOA will likely have to pay to repair perimeter wall

Q: We noticed the outside of our wall, which is on a corner lot, to be cracked. On further inspection, the wall moves from above. We found you in a Google search. The first search to pop up was an article dated Jan. 31, 2009: “HOA bill to address maintenance of Security Walls within communities.” The home was built in 2004. We bought the home in 2015. Was a bill passed that would make the homeowners association responsible for the wall?

A: Under Nevada Revised Statute 116.31073 (2), the responsibility to repair the perimeter wall would be that of the association unless the association’s governing documents states the responsibility belongs to the homeowners. You will have to check your covenants, conditions and restrictions.

Q: I really enjoyed your article in the RJ last Sunday. I do have a question for you regarding HOAs.

Does a HOA have the authority or the right to tell a homeowner what he can or cannot use his garage for? I want to use my garage as a recreation room for my family.

I plan on getting a pool table and putting it into my garage. It is up to the Architectural Review Committee to decide this matter. My garage is within the four walls of my home.

A: Generally speaking, the answer is yes: The association has the authority to restrict the use of the garage. You will need to review your governing documents and or architectural guidelines. Part of the reason for the restriction is often because of the limited parking areas within a community, which requires full use of the driveway and garage for vehicles.

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.

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