Age-qualified community things flipper is fibbing about grandparents

Q: Love your column in Sunday’s Las Vegas Review-Journal. I read it religiously, especially now that I am on a homeowners association board.

I have an HOA-related question for you about a kinda messy thing happening in our lovely little age-restricted community.

We have a property that was purchased and rehabbed by an under-55 flipper, who is now living in the property. He has priced the property ridiculously high, so there is no chance it will be selling anytime soon, and he keeps telling us his elderly grandparents will be moving in, but we have not seen them. Nor do we expect to frankly. We have pretty much determined his grandparents do not exist; he is just telling us that to buy time as to why he is living in the place.

My take on this is that it is common for flippers to live in properties they flip, moving from one place to the next, and that is what is happening here. Our problem is that he is not 55-plus. He has been told he cannot live there, but he’s doing everything he can to thwart all our efforts to keep him from living there. And, his company owns the property, so we cannot keep him off the premises. He and his under-55 friends and their fast cars and late nights and parties and visitors are bordering on terrorizing our quiet little community, but we don’t know what we can do about it.

I suggested we consult our attorney. Do you have any other suggestions for us?

A: I would recommend the association board contact its attorney to begin the enforcement process against the property owner for violating the age-restricted covenants. If these parties and visitors are violating other association rules and regulations, the association should begin its enforcement of its rules and regulations. Fines could be assessed against the unit owner after the association has completed the due process procedures as set by law.

Q: I was just reading your article on Nevada HOA laws. Do you know if the HOA may forcibly enter a condo for the purpose of inspecting smoke detectors?

A: Without obtaining more information from you, my answer would be no. An association would normally not forcibly enter into a condominium to inspect smoke detectors or even a fire sprinkler system.

Many condominiums and hotel high-rise condominiums have specific covenants and regulations pertaining to the inspections of the smoke detectors and fire sprinkler systems.

Obviously, these inspections fall under the health and safety of the residents as well as protection for their personal properties and homes. Generally speaking, these covenants and regulations spell out the inspection procedures including the procedures where entrance has been denied either because of an abandoned unit or because of resistance from the resident. It also should be noted that many insurance companies would require proof of these inspections as part of the insurance companies’ requirements for continued coverage of the property.

It is in the best interest for all residents to allow the inspections. Just consider this issue on a personal level — would you feel comfortable living on a high-rise condominium floor or living in one of the condominium units knowing that half of your neighbors refused to allow these inspections?

As to your concern, you should review the governing documents to ascertain what rights the association has in entering into your unit.

If the association failed to follow its procedures, you could file a complaint with the Nevada Real Estate Division or seek guidance by contacting an attorney.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.