Red tagging homes not the answer
Nevada Revised Statutes 116.31031 has been clearly defined in your columns “that a unit owner shall not be deemed to have written notice of a violation unless written notice is mailed to the unit’s address, and if different, to a mailing address specified by a unit owner.” In 2013 section 4. (b) ii added “providing a photograph of the alleged violation when feasible” was already in place by the compliance officer in this community since 2006. Violations were rectified and high standards were met.
Currently, a compliance committee is planning to put violation notices on the resident’s doors and not follow NRS 116.31031 guidelines. Under our homeowners association bylaws it clearly states “the board of directors shall adopt, publish and enforce, within NRS guidelines, restrictions, rules and regulations governing the personal conduct of the members and guests thereon, and to establish penalties for the infractions thereof.”
Since NRS 116.31034 15. states “each member of the board shall within 90 days of his/her appointment or election, certify in writing to the association that the member has read and understands the governing documents of the association to the best of his/her ability, I do not understand why they are not following the NRS 116.31031.
To complicate matters, the 15.1 percent rental restrictions are not under control as the board does not appear to be monitoring rentals. If 100-plus units out of 510 have a vacancy, are rentals, summer houses, belong to a family that travel for work/ pleasure/military or are in a hospital or facility-tagging a residence is useless.
Townhouses are attached to each other so bright tags can be viewed by neighbors, delivery persons, landscaping workers and visitors. I do not think if a person has a violation everyone going past the residence should be able to see it. Isn’t that why hearings for violation are usually in the executive session and not discussed in the open session?
Tags can fall off, be detached by weather conditions, removed (like outgoing mail is stolen) and many times missed by absent owners.
1. Is it appropriate to tag residences with violation notices instead of mailing a courtesy letter?
2. Can homeowners be treated differently? i.e. some receiving courtesy letters; others being tagged?
The homeowners are not pleased with the lack of compliance in this community when deterioration lowers the property values, makes the properties less attractive and difficult for real estate personnel to sell. Expectations of living in a controlled environment are the reason most homeowners purchase properties where HOAs exist. If the board fails to follow the established laws that were passed for HOAs, these older properties decline in value and our investments are not protected.
A: Proper notification of an alleged violation is by mail, often sent either certificate or mail or certified return receipt requested. There is no real formal verification that the homeowner actually received the tag, as you noted. You are correct that the tagging of an alleged violation does not follow the laws. In addition, the entire process of violation is to be handled confidentially. Whenever practicable, a photograph is to be accompanied with the violation letter. A tag does not meet this requirement.
As to the question of homeowners being treated differently, there is a fine line that associations tread. In some cases, the circumstances may be different- NRS 116.3102 subsections 3 and 4 do allow some flexibility in determining what action the board may take in enforcing its governing documents.
The association should stop tagging homes. If there are alleged violations, this association should follow the legal process.
As to the rental issue, this is an issue that has concerned many homeowners, community managers and board members. The legislature created this problem when it passed a law a number of years ago which prevented associations from implementing rental caps. For some associations, they are no longer homeowner associations but apartment communities as the percentage of renters are substantially greater than homeowners. I have written about this problem a number of times in my column that the pendulum has swung too far and that an adjustment is needed. Unfortunately, I do not remember even one proposed bill in this past legislative session addressing the imbalance that has been created by our lawmakers. Until the average homeowner begins to send multiple letters to their representatives in the Assembly and in the Senate, the problem will not be addressed.
Barbara Holland, certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.