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.
If the general manager is an employee of the association, under NRS 116.31175 (4a), an owner is entitled to the number of hours worked, salaries and benefits. Those are the only records that the association is required to provide to a homeowner concerning the association’s employees.
Under NRS 116.3102 (3-4), the board may determine whether to take enforcement actions. The board does not have a duty to take enforcement action under certain circumstances.
Q: I am the president of a very small homeowners association community. We have a resident who has placed a “Let’s go Brandon” sign in their front window.
Unless your CCRs has a section that allows higher monthly association fees on owners who violate regulations, you would not be able to increase the investors a higher fee.
So what constitutes bullying in the first place? NRS 388.122, which is a mainstream law that does not specifically address HOA issues, provides some detailed explanations.
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.
The association cannot evict the tenant but could issue a violation letter that would be sent to the unit owner. Owners are responsible for the actions of their tenants and guests. If the disturbance was serious enough, a health, safety welfare violation could be issued.
Without reviewing any of your rules and regulations, it would appear to me that the towing of your vehicle was improper based upon the towing laws.
The question now is whether your association had the authority to establish this rule without the approval of the master association’s consent.
There comes a point where a homeowner seeking information from their association crosses the line where his or her actions become harassment. You should bring to your attorney’s attention, with specific details, the homeowner’s behavior.
I would recommend to you to first pay the assessment under protest, so as to avoid any additional fees. Second, send a certified letter requesting a breakdown of the delinquency and a hearing with the board.
You may want to consider running for the board. Many of your concerns are legitimate ones as to the communications to the owners.
Under Nevada Revised Statute 116.3107, with the exception provided in the association’s governing documents, the association has the duty to provide for the maintenance, repair and replacement of the common elements. Your street lights would fall under this law. You could file a complaint with the Nevada Real Estate Division.
There are some fights worth fighting. In your case, you should just complete the architectural request and not delay any more time in repairing your pool. I would need to review your architectural guidelines for a more definitive response.
In the last two columns, I have talked about the roles of the homeowner and the homeowners associations’ management companies. Finally, we come to the role of the board of directors. By law, this role encompasses such legal terms as fiduciary obligations, duty of care, application of business-judgment rule, good faith (Nevada Revised Statute 116.3103). Board members sign a document for the state that they have read and understand the governing documents of the association and NRS 116 to the best of their ability. (NRS 116 31034 (15).
