101°F
weather icon Clear

Homeowner’s behavior borders on harassment

Q: Our 15-home community has been peaceful. Then there was an exchange of words between the homeowners association president and one homeowner.

In the past six months, I have received numerous texts, calls and emails from the affronted homeowner implying, malfeasance, misuse of funds, poor decision making on the part of our HOA board.

His intent appears to be harassment, in my opinion. No amount of information or explanation satisfies him. He expends an inordinate amount of time and effort looking for issues.

My concern is that he will become such a nuisance that our management company will drop us and we’ll have to pay substantially more because of his consumption of time.

I fear our current board members — unpaid volunteers — will quit. I don’t imagine anyone will be willing to run for the board since answering to this one demanding homeowner would be more than a full time job.

So my questions are:

1. What if only one person (the demanding homeowner) is willing to be on the board?

2. Is a single homeowner entitled to not only review all financial documents but demand explanations of each decision ever made?

Any advise or insight?

A: There comes a point where a homeowner seeking information from their association crosses the line where his or her actions become harassment. Under Nevada Revised Statute 116.31184 (1, 1b), a homeowner shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct that creates a hostile environment. You should bring to your attorney’s attention, with specific details, the homeowner’s behavior.

As to your questions, the law does not require an explanation for the action that a board makes. The law requires the association provide those documents allowed by law to the homeowner. The documents speak for themselves.

I understand that board members are volunteers and as such aren’t paid to be harassed or threatened. It is easy for me to state that as a community manager I do not need good and reliable and responsible board members to prematurely leave the board because, frankly, “they had enough.” It is not in the best interest of the association, nor does it help the community manager. Sometimes, you have to take affirmative action and utilize the law. It works both ways. Neither the board, community manager or the homeowner engage in inappropriate behavior.

I would encourage you to find homeowners who are willing to serve on the board even if the one person runs or serves on the board.

Q: My house is subject to HOA rules although we are not in a gated community. The HOA recently warned a neighbor that their son may not place at his portable basketball hoop in the street, thereby exercising jurisdiction for the street. My concern is the U.S. Postal Service mailboxes are grouped into 12 locked boxes placed on one side of the street. The neighbors on the other side of the street must cross it for their mail. Since the mailboxes are in the middle of the block, they all jaywalk across the street for their mail. Is the HOA liable if anyone is hit by a car or truck while crossing the street to get to their mailbox?

A: As we all know, anyone can sue anyone at any time. Whether they win is another question. First, I should note that jaywalking is not legal in Nevada.

NRS 484b. 287: “Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles.” Furthermore, jaywalking is a misdemeanor offense in Nevada, NRS 484B.287.

Here is the law:

When pedestrian must yield right-of-way to vehicle; when crossing at crosswalk is required; crossing diagonally; additional penalty if violation occurs in pedestrian safety zone.

1. Except as provided in NRS 484B.290: (if you are blind).

(a) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.

(b) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.

(c) Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.

(e) When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such

I don’t think that your association is liable per se. If there are any concerns about the placement of the mail boxes, your association should contact the United States Post Office to see if they can be moved.

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

THE LATEST
HOA vice president has right to hear complaint against him

If the president wants to review the complaint with the full board, the president should call for a formal hearing. The president should not be judge and jury.

Homeowner says letter wasn’t nice but it wasn’t harassment

I sent management a couple of emails they didn’t like. Now I’m being charged for harassment. There is no bylaw covering “you have to be nice to management,” so they are citing me under a “no firearms are to be discharged/ no unsafe fires are to be started.”

Homeowners association has power to fine fighters

I live in a townhouse community. There is a home where the residents nearly daily get into extremely loud, screaming fights. Police have been called more than a few times. Numerous complaints have been filed to the homeowners association, but nothing seems to be getting done.

What new water restrictions could communities face?

It does not take a rocket scientist to know that we have a major water issue in Southern Nevada. Lake Mead is now 29 percent full. I can remember going to Lake Mead with my family to see the water that was overflowing in the 1990s through the spillways. The writing is on the wall!

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.