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Homeowner fights HOA over RV parking

Updated December 24, 2018 - 9:49 am

Q: We live in a homeowners association-run, non-gated community in Henderson. Our roads are maintained, repaired and cleaned by the city, and our HOA dues cover cost of common area landscaping and maintenance.

We have a recreational vehicle that we store off-site and bring home 24 hours before we leave on trips. This is to get it packed and the fridge and freezer prepared for the trip. Upon returning, we spend about three hours emptying and cleaning it. Then, it is returned to storage that day or the next day.

We have received violation notices from the HOA that says we cannot have an RV parked in a driveway or visible from the front of the property. My question is how can the HOA dictate what can and cannot be parked on a street owned and maintained by the city?

We have asked for some “common sense” thinking and to acknowledge that we need 24 to 48 hours, sometimes, to prepare or clean the unit after travel, but they never answer that request.

A: The question you asked has always been one of contention until 2017 when the Legislature added this section to Nevada Revised Statute 116.350, as follows: “The provisions of subjection 1 do not preclude an association from adopting and do not preclude the governing documents of an association from setting forth rules that reasonably restrict the parking or storage of recreational vehicles, watercraft, trailers or commercial vehicles.” There are some exceptions to this law.

To answer the first question, yes, the association can dictate what can and cannot be parked on a street owned and maintained by the city.

The association should consider a revision in its rules, assuming the current regulation is not in the covenants, conditions and restrictions, which would allow a homeowner reasonable time to load and unload an RV. For many associations, their regulations allow 24 hours.

Q: About two months ago a director on our HOA board formally resigned, and this was confirmed at a meeting. The remaining board has chosen not to fill vacancy, even though three owners have expressed interest.

The person who resigned has now changed his mind and requested the board to rescind his resignation so he can be returned to (his post) and continue to serve his full two-year term. The board seems to have chosen, with the apparent blessing of the property manager, to do this even though there was formal written resignation. … It seems not only unethical but possibly illegal to allow him to return to full, two-year term as if nothing happened. Could you please advise, as many in our community are really upset that this is going on, especially since there were other owners willing to step in.

A: Per NRS 116.3103 (2c), the board may fill the vacancy for the unexpired portion of any term or until the next regularly scheduled election, whichever is earlier. In your case, the resignation was formally received by the board; consequently, it cannot just be rescinded. The board would have to appoint the former board member, who would serve until the term expired or until the next scheduled election, whichever is earlier.

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

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