Homeowner thinks HOA board wants too much information

Q: I was wondering if a homeowners association can make you tell them how many people live in the house, what kind of car you drive and the size and weight of your pets. I been living here for 10-plus years and this is the first time I was sent a letter asking for that information!

A: Unless your governing documents have an occupancy limit as to the number of people living in a home, the association would not be able to enforce such a regulation. The association can have you register your car but cannot decide what kind of car you drive (your vehicle needs to be in working condition). Many associations have within their governing documents a limit on the number of pets, what constitutes a domestic pet, and size and weight of the pets, which would be enforceable regulations.

Q: One unit owner voiced a derogatory complaint about another unit’s owner during the members meeting. The person making the complaint blurted out the other unit owner’s name while making the complaint. Can the unit owner at the receiving end of the complaint have their name and/or name and complaint removed from the meeting’s recording and struck from the minutes? Also, what are the options for the unit owner on the receiving end of the complaint in the event the complaint is based on false or fabricated information?

A: Since the board meeting is not the place to discuss individual residents, I think the unit owner has the right to have the board not include the derogatory complaint in their board minutes.

As to the unit owner who was on the receiving end of the complaint, the owner has the option of contacting the Ombudsman’s Office at the Nevada Real Estate Division or their attorney.

Q: When selling a home in an HOA, the management company, not the HOA, typically charges the home seller several hundred dollars to provide the buyer with the official documents of the HOA. Additionally, the title company is charged by the management company for these same documents. These documents are to be available to all homeowners at no cost, other than mailing and copying, at any time, under state law. The cost to maintain the documentation has already been paid for by HOA assessments. The transfer fee costs are to reimburse the management company for any extraordinary, unique and specific costs related to the home sale not otherwise paid for with HOA dues as this would represent duplicate billing. Note, one can get this documentation, including a current account status, at no cost on any other day of the year except upon home closing.

This appears to be an abusive practice of duplicate billing, costing HOA homeowners millions each year. (Side note, the homebuyer, payer, receives no detailed invoice of what was done to earn the fee, when and line item cost with a certification that the charges are unique and extraordinary to the sale of the home, no other business bills without a detailed receipt.)

A: Nevada Revised Statue 116.4109 allows the association to charge various fees from demand statements and resale packages. It also recognizes the transfer fee expense. In many of the management contracts with homeowner associations, the fee is paid to the management company for preparation of the various required documents. It is not against the law and many of the fees are set by this statute that was revised on Jan. 1, 2020.

I do not believe that homeowners who sell their homes are being double charged for these expenses from both their management companies and then from the title companies. In a settlement statement, these expenses are listed. I have yet to see one that double charged a seller or a buyer.

As to whether the association fee pays for these expenses, they do not. It would be very unusual for an association budget to carry these charges.

These charges are specific for those homeowners who are selling their homes. In fact, NRS116 recognizes that expenses related to specific services to a homeowner can be charged back to that homeowner.

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.