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Law says homeowner can receive HOA payment plan

Q: I fell behind on my homeowners association (assessments because of) being sick with COVID-19 in late July. I reached out to one of the board members, stating I’m aware that I’m behind. I explained the situation and that I am trying to catch up.

(On) Aug. 19, I paid June’s dues. On Sept. 4, I went to submit another payment. I cannot access my account. On Sept. 6, I received a letter stating I am 60 days late and that I owe $752; $152 of that is for a letter informing me I’m delinquent, plus 75 late fees.

I called and explained the situation again and asked why they are charging me for a letter telling me I’m late when I’m the one who brought it to their attention?

Either I pay $752 in 14 days or they are going to put a lien on my property, which I paid cash for three years ago. I wanted to go to the office and pay September’s (bill) with my debit card and July/August (bill) with my credit card. They don’t (accept) those forms of payment.

I asked if I could write a check for September’s dues, and if they can unlock my account so I could submit July/August with my credit card. (They said) until my account is paid in full they will not unlock anything. To me they are being unreasonable and unwilling to work with me even with proof of being sick with COVID-19. Is there anything I can do, or someone to report this?

A: If your account is locked, it probably means that your account is with the collection agency. Please contact the management company again and ask to speak with the community manager or regional manager who oversees your community. You should be able to find out if your account is with collections.

Once you have that information, you should send a formal request to meet with the board to ask for a payment plan (which you are entitled to under state law) and ask for them to waive the late fees, which is up to the board’s discretion.

Q: Our covenants, conditions and restrictions stipulate that our community is an 55-plus-restricted community. However, it also states that a person under 55 but over 19 may reside within the community. My question is: Is this an Nevada Revised Statutes mandate? If it is not, then the CC&Rs can be amended to remove this stipulation?

I’m having difficulties getting an accurate response and I’m totally confident you can help me out with this.

A: It is not an NRS 116 issue. If you check, it is most likely a restriction with the federal government for a 55-plus age community. I do not believe that you can remove this stipulation without jeopardizing your age-restricted community.

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

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