Past time to take down those political signs
Q: Read your column regularly. Wondering if there are state rules for homeowners associations in Nevada for political signs and flags. How far after an election does the state say HOAs have to have signs and flags removed? Hope you can answer. Thank you.
A: Per the county ordinances, the political flags and signs should be removed as the election is over. Please remove them so that you don’t become a recipient of a violation letter or a hearing/fine letter.
Q: I read your column in the Las Vegas Review-Journal. Thank you. You are very succinct in your explanations. I am a newly elected treasurer of our HOA. Yeah.
Questions:
Do you have a book out on HOA procedures? Can rental units be curtailed under the umbrella of an HOA?
A: First, thank you for your kind words. The Community Associations Institute (CAI) offers educational classes both on a national and local chapter level here in Las Vegas. CAI Press has both digital and hard copy books for sale, from the board member tool kit to how to draft a budget. Go on line and contact them at Caionline.org.
As far as rentals being under the jurisdiction of an association, the answer is yes. Rules and regulations apply to the tenants living within your community. Check your covenants, conditions and restrictions and your rules and regulations.
Q: Hello, does a HOA resale certificate certify that a home is in good standing? Over a year since I bought my house, the HOA notified me that my house is out of compliance for a modification that the previous owner made.
A: The resale certificate does not certify that a home is in good standing. Per Nevada Revised Statute 116.4109 pertaining to the resale of units, the following information should be included in the resale package at the expense of the unit owner and furnished to the purchaser:
■ Copy of the CC&Rs, bylaws, rules and regulations.
■ A statement setting forth the monthly assessment and any unpaid obligation such as transfer fees, fines, interest, collection costs, etc.
■ A current copy of the operating budget and year-to-date financial statement.
■ A statement of any unsatisfied judgments or pending legal actions against the association.
■ A statement of any transfer fees, transaction fees or any other fees associated with the resale of the unit.
■ A statement describing all current and expected fees or charges for each unit including assessments, fines, late charges and penalties.
Under subsection 4a of this law, it states that the unit owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser and neither the unit owner nor his or her authorized agent is liable to the purchaser of any erroneous information provided by the association and included in the documents and certificate.
Under subsection 5 of this law, a purchaser is not liable for any unpaid assessment or fee greater than the amount of set forth in the documents and certificate prepared by the association.
Under subsection 7 of this law, there is a statement of demand that must set forth the amount of the monthly assessment and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney fees currently due from the selling unit’s owner. If the previous homeowner was not in compliance and if there was a fine, it should have shown up in the demand statement.
The current laws do not require the association to include the violation history of the seller.
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.