I thought it would be worthwhile to have an article on homeowners associations’ violations and fines so that our boards’ enforcement process and procedures follow state laws.
Barbara Holland
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.
The dog has two spots in our yard where he relieves himself. When he pees, our grass turns yellow and dies. We have had to replace with new sod about three times. We have not been able to catch the culprit.
Unfortunately, there is not too much an association can do, other than send the homeowner a letter to not only inform them of the problem but also to ask for contact information for any future issues.
As for condominium associations, owners can install an antenna on balcony or patio if the patio or balcony is a limited common element, restricted for the owner’s exclusive use. Again, installation rules would be permissible and may require that the owner cover the antenna as long as such a requirement does not impair an owner’s ability to receive a signal or unreasonably delay or increase the cost of installation, maintenance or use.
To obtain FHA approval does require some paperwork. The board would have to place this issue on an agenda and approve it, instructing the management company to pursue the action item.
The association should consider a revision in its rules, assuming the current regulation is not in the covenants, conditions and restrictions, which would allow a homeowner reasonable time to load and unload an RV. For many associations, their regulations allow 24 hours.
My wife and I live in a homeowners association duplex community. We now have roof rats in our crawl space. I’m sure we are liable to have the exterminator get rid of them.
You have a number of concerns. The first being the lack of experience of the current board of directors. Unfortunately, we do have a problem as too many qualified homeowners do not wish to serve on the board. We have to ask the question, why? For some homeowners, it is a matter of time; for others, it is a thankless volunteer job. Associations that are having problems finding homeowners to serve should review how they operate. In some cases, modifications of board meetings to make them more meaningful and less stressful would be a big start.
As to the removing of the fireplace within the clubhouse without homeowner approval, you would need to review the association’s covenants, conditions and restrictions. As a general rule of thumb, community rules would require homeowners approval to change of one of the amenities.
There is no excuse for racially, inappropriate comments by anyone, be it directors, residents, vendors or managers. In your case, the association’s legal counsel should be contacted. Besides the inappropriate comments, this homeowner should not be interfering with the association’s contractors.
No, CCRs are not supposed to be enforceable only at the board’s discretion. You are not supposed to pick and choose which section of your governing documents you will follow.
This is not the first time a reader has stated to me that the towing company or the management company has informed them that a parking sticker placed on their vehicle is good for six months. Meaning, the towing company could tow a vehicle with no further notice if there were another infraction within a six months’ period.
If the president resigns and if there are no other homeowners willing to serve, the Nevada Real Estate Division would appoint a receiver to manage the association who in turn would select a management company to manage the association until that time the association has recovered from the resignations.
Note: I have invited Las Vegas attorney Avece M. Higbee to write this column to answer a reader’s question about health and safety fines.
Under the Fair Housing Act laws, “reasonable accommodations” need to be provided upon written request. Your association needs to buy a good microphone/sound system.
