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Homeowners unhappy about landscaping company

Updated March 28, 2022 - 11:09 am

Q: Some of our unit owners are unhappy with our landscaping company — a common complaint in condo homeowners associations. They want more more workers on-site, though many owners don’t want higher dues. Some owners want access to proposals for landscape contracts before the contracts are executed.

Do unit owners outside the board of directors have the right to view contract proposals or bids? What about RFPs (requests for proposals)? Should non-board members have input on proposals and contracts, or are these matters solely the responsibility of the board and the management company?

A: The association board of directors have the authority to request bids and or proposals, review the bids at an open board meeting and select the vendor without homeowner review for approval.

Homeowners do have the right to request in writing a copy of the signed contracts. Since the proposals are association records, a homeowner could request a copy of them as well.

Many associations have standing committees or task forces that allow homeowners to participate in the selection process under the guidelines set by the board, as in interviewing companies and their services. These committees can make recommendations but realize the final decision remains with the board.

Q: Upon a closer review of our association’s bylaws I found that a copy of the agenda must be given out with the notice of an upcoming board meeting. My question is: Must the association comply with this or can it use Nevada Revised Statute 116.31083.5 to provide an agenda at a date closer to the meeting date.

Section 4.16 notice of meetings of board:

It shall be the duty of the secretary to send a notice of each meeting of the board to each director and each member of record. The notice shall be hand-delivered or sent by United States mail, postage prepaid to the lot address of the member or to other mailing address designated by the member, at least 10 days prior to the meeting. In an emergency, the secretary shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the lot address of each member or to any other mailing address designated by the member. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each lot within the project or posted in a prominent place or places within the common elements of the project. The notice shall state the purpose of the meeting as well as the day, hour and place that the meeting is to be held and must include a copy of the agenda. Except for civil actions commenced by the association to (a) enforce the payment of assessments, (b) enforce the declaration, bylaws or rules and regulations of the association, ( c) proceed with a counterclaim, or ( d) protect the health, safety and welfare of the members of the association, notice of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or at which action on an assessment is to be taken must be given.

A: In this case, your governing documents would supersede the NRS 116 statute.

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.

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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.

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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.