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Police respond to tenant causing disturbance in community

Updated March 21, 2022 - 11:22 am

Q: Thanks for your ongoing informative column in the Las Vegas Review-Journal. We can always count on you for accurate information.

We recently had a disturbance in a common area of our homeowners association involving a tenant (the unit is on our approved rental list) and his non-resident girlfriend. The situation was bad enough to warrant a police response.

I asked the officers, who responded to trespass the individual, given the fact the disturbance occurred in a common element. The officer told me she couldn’t be trespassed until the officer spoke with management. I told the officer that we are condos, not an apartment complex, and I was on the board (thus meeting the “duly appointed representative”).

The officer then changed the story to: “She can’t be 86’d, she’s an invited guest.”) I again informed the officer the subject was in a common area, thus on private property, and I wanted her 86’d. The officer stated: “I can’t even ask her to leave.”

A: Many police officers do not understand the difference between an apartment community or an association. Please note that there are different laws that govern apartments versus associations.

Generally speaking, a police officer would not interfere in what would be considered a civil matter. You did not provide any detail as to the nature of the disturbance. With violent disturbances, weapons, etc, the police would have taken affirmative action by arresting those involved.

Based on your information, the police officer was correct that he could not ask her to leave.

With an apartment community, the apartment manager could initiate an eviction action, depending upon the specifics of the disturbance in the common area. 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.

Q: If a board member quits, does the HOA have to stop using anything they wrote or helped create because of intellectual property?

A former board member is demanding we remove all public instances of newsletters and flyers they helped to create or created independently as it’s their intellectual property and they no longer agree that the HOA can use it.

Do we really have to scrub all website posts, newsletters and flyers from the years they were on the board?

The board reuses material from time to time. No one has ever made this demand before.

A: This is the first time that any reader posed this question. I can not imagine that association newsletters or flyers could meet the standards of intellectual property.

Intellectual property is a category of property that includes intangible collections of the human intellect. The best known types are copyrights, patents and trade secrets.

As always, you can address your question to your association’s attorney but I seriously don’t believe the former board member’s request would past the legal test of what constitues intellectual property. Keep your information and deny the request.

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.

HOA won’t do anything about ‘Addams Family’ house

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.

Frequent condo false fire alarm sets off neighbors

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.