43°F
weather icon Cloudy

Homeowner annoyed by neighbors’ smoke alarms

Q: My part-time neighbors’ smoke alarms have been going off for six days and nights. Everyone says they cannot reach the owner. What can I do?

A: Unfortunately, there is not too much an association can do, other than send the homeowner a letter to not only inform them of the problem but also to ask for contact information for any future issues.

Q: If you live in a condo community, and the unit above you had a water leak to the unit below, and if the unit does not have insurance, does the association insurance cover the damage?

A: Generally speaking, the association’s insurance policy is primary as to property damages, subject to the deductible and depreciation. These policies do not include any upgrades that a homeowner may have on his or her home. Homeowners who live in condominiums should obtain what is called an HO6 insurance policy, which supplements and compliments the primary insurance policy held by the association.

In your case, the association should be contacted so that a claim can be made against the association’s insurance policy.

One final note, some associations have substantially higher deductibles for leaks based upon the numerous losses the insurance company has absorbed.

Q: Your last couple of articles talked about spending limits of 1 percent and 3 percent, depending on association size. You usually give a reference when you quote Nevada law but in those articles you didn’t. I tried to find it and was only able to find those percentage limits mentioned when the board should get more than one estimate. Nothing on spending limits.

A: The purpose of the operating budget is to guide the board on how to spend its funds, by estimating in advance what the anticipated expenses should be. In addition, the reserve study breaks down capital expenses, which also guides the board as to the cost and timing of major funding, often with the best and worst-case numbers.

Other than the bidding process of the 1 percent and 3 percent that you mention, there are no other explicit state laws as to spending limits.

Can expenses be more than anticipated? Yes. There are many scenarios where the association may not have anticipated an expense or where the budget was underfunded for a particular line item.

State law does require boards to review their financial status. This can help the board stay on track. Sometimes, it does require the board to vote no on an expense that is desirable but not immediately needed or budgeted for the year.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.

THE LATEST
Federal ruling temporarily blocks Corporate Transparency Act

Community Associations Institute applauds the Dec. 3 decision by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop, Inc., et al. v. Garland, et al. to issue a preliminary nationwide injunction against the Corporate Transparency Act.

Disabled vet’s wife upset about flags improperly displayed

You may want to contact one of the local branch offices of the United States Armed Forces for assistance. Perhaps you could obtain a formal letter from them concerning the flying of the United States flag.

Here is what the law says about service animals

Your board can contact the local Department of Housing and Urban Development office to discuss the specifics of your association, such as these dogs who may possess a possible threat to another individual.

Pahrump community has questions about new development

Under Nevada Revised Statutes 116.3108 (2), an association shall hold a special meeting of the unit owners to address any matter affecting the community if at least 10 percent or any lower percentage specified in the bylaws of the total number of votes in the association request that the secretary call such a meeting.

HOA assessments keep increasing

You would need to review the governing documents of the association as to the percent increase the board can assess, with or without homeowner approval.

Legal action continues over Corporate Transparency Act’s reach

Thomas M. Skiba, CAE, is the CEO for Community Associations Institute. In today’s column he gives a very important update regarding Community Associations Institute v. U.S. Department of Treasury. This challenges the Corporate Transparency Act and its applicability to community associations nationwide.

Trash days always seem to be windy days

You could write a personal letter to each board member asking them to address the trash issue by proposing a regulation that all trash must be in containers or in proper trash bags.

HOA board cannot arbitrary enforce violations

Under subsection 4 of this law, the board’s decision to enforce one set of circumstances does not prevent the board from taking enforcement action under another set of circumstances but the board may not be arbitrary or capricious in taking enforcement action.

HOA board members must disclose conflict of interest

Under the law, each HOA board candidate must make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or appeal to a reasonable person to result in potential conflict of interest in serving on the board.