Under Nevada Revised Statutes 116.3106, a removal election may be called by the owners constituting at least 10 percent or any lower percentage specified in the bylaws of the total number of voting members of the association.
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.
Q: I live in a large community in Las Vegas. Recently the HOA pressured a homeowner to remove a rainbow flag. Can a resident asked to remove a flag refuse when “the other side” is allowed?
There is no excuse for inappropriate behavior. To disagree is your right. Being obnoxious is not.
The problem begins with your board of directors. Management companies cannot just establish charges for late fees and violation letters unless your board agrees to these charges.
Try to set a meeting with the board to reach some compromise. If the treehouse does not violate the architectural guidelines, it should be approved based upon those documents.
Your association should have trespassing signs posted by the entrances to your community. You can advise homeowners to call 311 for assistance with the police department to remove trespassers from the community. You may consider hiring a security service to patrol the community, even if it is just a roving guard that comes through the community during a 24-hour period to remove the transients prior to them calling the police department for assistance.
Homeowners should absolutely avoid beginning an architectural project unless they receive written approval from their HOA board. When you don’t receive a formal written approval, unwanted consequences occur.
Since the roof is “shared” by seven other owner you may be restricted as to the installation of the solar panels.
A vehicle cannot be towed solely because the vehicle’s registration has expired. The unregistered vehicle could be towed if there was another regulation that was being violated.
Under Nevada law, associations must provide a list of the mailing addresses of each unit, which must not include the names of the unit owners or tenants.
Your association should have sent you a courtesy/warning letter that you were in violation. Prior to assessing a fine on your account, your association should have sent you a hearing notice. You can appeal their decision. You should ask the association to waive the fine. Contact the community manager to find out why you were fined without a hearing.
The HOA and police have contacted the owner and his property manager when they have chased vagrants from their unit. However, the owner and property manage are indifferent and have done nothing to properly secure the unit.
In addition to imposing cybersecurity insurance and data protection requirements for homeowners associations’ online assessment payment processors, SB378, which was adopted this session and went into law earlier this year, helps HOA protect homeowners’ private information and streamlines the email notification process.
Pursuant to SB 378, that was adopted this session and went into law earlier this year, entities processing homeowner payment transactions are now required to maintain a minimum of $5 million dollars in cyber-security insurance “that provides coverage for losses arising out of or relating to data breaches, unauthorized intrusions into an information system, computer viruses, ransomware, identity theft and similar exposures.”
Is it possible for the HOA to purchase flood insurance for the complex even though it is not in a high-risk flood zone?
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