Homeowner has long list of HOA complaints
Q: First and foremost, I want to thank you having such stream of knowledge and sincere replies in interpreting the law, which helps me understand our community.
Anyways, its been almost six years of harrassments, name calling, threats, intrigues and unpleasantries that we ignored hoping a new board president will be able to change the unlivable conditions, thus creating peace and harmonious environment in the community. I was darn wrong! Same management company and different president, who recently moved (here) and was put in as president. He doesn’t know anything about the community. I was just surprised that one day a neighbor informed us of him. Knowing his initial attitude won’t change the community environment, it prompted me to write you.
All I will be enumerating below are fully documented and substantiated: Here are the situations and queries:
1.) Almost six (Aug. 8, 2016) years ago, I did a reconciliation of my payments record. Paid all my arrears, which I withheld because they lost one of my payments. After numerous requests were ignored I gave up and even paid a month in advance. Since they didn’t dispute my reconciliation dated Aug. 8, 2016, but are still showing arrears, how can I have this corrected?
2.) When I questioned why the president does not live in the community, (board members) started watching my moves to the extent of having my car illegally towed. Members through this president and his cohorts (spread) false gossip that led to smashing my tail light. They denied this, and that’s when I accused them of cowardice. Can I still be reimbursed ($250), if ever I pursued to file a complaint again?
3.) I am the grantee of the special power of attorney with full power (for the homeowner.) Can I vote, attend homeowners association meetings, be an officer or receive all benefits available in behalf of the homeowner?
4.) We have two accounts, and the management company has erroneously credit the wrong account — putting both payments in one account, thus the other will be left unpaid, which will automatically generate “late fee.” Is there a way to forced the company to reconcile the account and redo their ledgers?
5.) On 2017, I filed a complaint with Office of the Ombudsman, without any hearing or investigating to the legality of my complain, she readily terminated it. Reason being was that I don’t have the capacity to file a complaint, which I disputed after all. I did furnished her a copy duly notarized special power of attorney, me being the grantee. If I pursue to file again, can I have the previous Ombudsman requested to abstain?
6.) A management company staffer called me a (name.) Is there any provision punishing the management Company from cussing and bullying a member of the association.
The board and management company are managing this community by vengeance rather than by objective, but somehow we go along knowing we can’t fight a losing battle. I have tons of correspondence left unanswered.
The went to the new board president for help about my account reconciliation dated he informed me that (the management company ) is not a bank. I told him that reconciliation can be used socially, financially, emotionally and other related usages. Wow, this is our new president, have mercy!
Please me guide me as how to proceed, right now I’m helpless still! I have more and more harassments and bullying on file, which will be presented in due time.
A: 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.
As to your concern about the new president. Unless your governing documents state that a director must be a resident of the community, there is no state law preventing a nonresident owner from serving on the board.
You would need to file a small claims action to obtain the $250 expenses. You would need undeniable proof that a specific person or persons caused the damage to the car and that the car was illegally towed.
As to your third item: Under Nevada Revised Statutes 116.31034 (14), an officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust who owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited liability company that owns a unit and a fiduciary of an estate may be an officer or serve as an officer, or a member of the board. The person will be required to file proof in the association records. You would need to check with your legal counsel and the language of the special power of attorney will satisfy this law.
As to the fourth issue: You just need to contact the management company and provide them with the information for their accounting department to adjust the records.
As to your fifth item: You would need to contact the Nevada Real Estate Division to better understand why the investigator stated that you have no standing to file a complaint. Once you have the information, you would need to see if changes can be made to satisfy the division.
About the name calling. Yes, you can file a complaint with the division, as it is a form of harassment.
You would need to file a complaint with the division, which has stated that you have no standing to file a complaint. Please look over the other responses to assist you.
Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.
