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Homeowner wants HOA to charge investors for tenant problems

Q: I live in an association where over 57 percent of the units are not owner occupied. Tenants are not complying with the homeowners association’s rules and regulations.

Their children run all over the community unsupervised and are destroying our landscaping and sprinklers and leaving trash all over the community. They are not picking up their dog poop and leave trash all over the community grounds.

Can the HOA charge owners who rent their units a higher monthly HOA fee to cover the increased cost to repair our landscaping, pick up the trash and dog poop? Imposing fines on the landlords does not resolve the problem as we cannot force the landlords to pay the fines.

We have raised our monthly HOA fees, however, owner occupants should not be burdened by the raise due to damage caused by tenants. Landlords are able to better absorb an increased monthly HOA fee as they can raise their rent. Many of the owner occupants are retirees who cannot absorb the higher monthly fees.

I look forward to hearing your response.

A: Per Nevada Revised Statute 116.3115 (4a), it states that any common expense benefiting a few units or their owners, including, without limitation, common expenses may be assessed exclusively against the units or units owners benefited.

Your association will probably not be able to substantiate that all of the damages are coming from renters.

Separate from this section of the law, NRS 116.3115 (2a), assessments for the common areas (your HOA fees) must be assessed in accordance with the allocations set forth in your covenants, conditions and restrictions.

Unless your CCRs has a section that allows higher monthly association fees on owners who violate regulations, you would not be able to charge the investors a higher fee.

Q: I am writing you as I exhausted all other avenues.

I live in Vegas, and my neighbor’s sprinkler system has been leaking into my backyard through our adjacent wall, his lot is a bit higher than mine.

The water is leaking now into the wall and my pavers are popping up. My air-conditioning unit is sitting on cement next to the water. This has been going on for a year. Last time, he went off on me.

His sister and family brought a sprinkler guy with them, he couldn’t see the issue, as my neighbor has pavers. The man said: “It could be a disconnected or broken pipe underneath.”

My neighbor kept yelling at me and said: “See, nothing is wrong, and stop complaining.”

I cannot afford a lawyer to help me. I live on my Social Security.

A: If you have a landscaper, have them check the irrigation system. If they think it is your neighbor’s responsibility then document it and have them submit a written report to you.

You could file a complaint with your homeowner association as there should be some regulations concerning drainage or leakage in your CC&Rs.

You would need to include a summary of the damage along with the photographs. Include any report from your landscaper.

The Neighborhood Justice Center may be able to help you. They are mediators and do not charge to assist neighbor-to-neighbor disputes. You can contact them at 702-455-3898.

Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

New water law unclear when it comes to communities

You are not the only one waiting for clarification. I think we all are waiting for direction. It is my understanding the law, which was passed last legislative session, excluded residential owners who own their own property. This would include their front and backyards. Common areas of an association would fall under the new law as to whether your common area landscape is inefficient use of grass.

Homeowner wants rental cap for new community

Based on the six-month rental clause in your governing documents, there is no rental cap. You could have a significant number of renters. You would have to talk with the developer and see if they are willing to modify the CCRs to have a rental cap not to exceed 25 percent of the units.

Homeowner has long list of HOA complaints

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.

Large tree sheds leaves into neighbor’s yard, pool

If you have not contacted the owner of the house, please do so. If you don’t feel comfortable meeting face to face, then send the homeowner a letter. You may want to include some photographs. Ask the owner to please take care of overhangs, otherwise you will be forced to have your landscaper cut the limbs. By placing your neighbor on notice, allowing a reasonable amount of time for the neighbor to respond, you would be reducing any liability from the neighbor by trimming the tree.

Sorry, you just can’t quit your HOA

Sorry, an individual homeowner cannot opt out of their homeowner association. Under Nevada Revised Statutes 116.2118, an association can be terminated, which is a complex process that requires the support of the membership.

HOA won’t do anything about ‘Addams Family’ house

I live across the street from people who live in chaos. The police have been there at least 50 times in 10 years. The house hasn’t been painted since it was new 20 years ago, and it looks like the Addams Family lives there.

HOA cannot fine renter for license plate display

If the renter has a current license plate that is lying on the inside window dash, the vehicle would have been properly registered. The association could not fine the renter because the license plate is not on the vehicle.

Frequent condo false fire alarm sets off neighbors

If you can find the name of the alarm company for that house, you could contact them and ask for assistance. They most likely can disconnect the alarm.

HOA needs to find a way to maintain elevators in condo community

What happened to your reserves? Elevators would be covered under a reserve study, allowing the association to fund for their replacement and or repair. Your association should have been funding this expenditure since 1984.