Some communities frown on football flags
Q: A great deal of controversy has arisen in our homeowners association regarding the flying of flags. I understand the Nevada flag is now allowed as long as it is placed under the U.S. flag. The question is most of us believe that the two flags, U.S. and Nevada, are the only two allowed.
Others state that it does not exclude other flags, such as football team flags. What flags are allowed to fly in HOAs in Nevada by the new NRS 116 statute, please?
A: The original version of the law prohibited an association from denying the right of a homeowner to display the flag of the United States; the amended law added the Nevada flag. An association cannot prohibit the flying of the U.S. or Nevada flag.
The flags must be displayed in accordance with 4 U.S.C. Chapter 1. There is a list of restrictions, which can be found in NRS 116.320, such as the display of the U.S. flag cannot be for commercial advertising purposes and that the flags must be made of cloth, fabric or paper.
The law does not prohibit an association from having regulations that prohibit the display of any other flag, such as football teams or the Confederate flag. Associations that have such a regulation could require the homeowner to remove their flag from their home.
Q: HOA communities have rather narrow streets in some areas of our complex as people are allowed street parking. It is ungated so it has access to public streets. People speed even though a 15-mile speed limit exists.
Recently, the board had many of the blind curves that were red-lined painted gray so that people can park on curbs. It is a safety hazard like none I have ever seen in any community. To make it worse, large trucks are owned by many residents that take up a great deal of the streets, especially at intersections.
To multiply this, they painted the handicapped ramps blue (used in parking areas around the community). It is a hazard for anyone let alone a vision impaired person.
Should the board not be following the standards as the rest of Clark County?
A: One of the purposes of having red-lined painted curbs is to allow the fire department to have easy access to the homes so that the fire trucks can reach a home in the case of an emergency.
In building a community, there are specific county and city codes regarding the red-lined painted curbs that are to be maintained by the association. The association could be instructed that they must repaint the curbs red.
As an added footnote, don’t forget the handicapped ramps, as those residents who are disabled would need access to these areas.
Q: What about Clark County School District buses driving on HOA property? Do they need permission? Can they do this? Can the board tell the district to go park someplace else?
A: Interesting question and one that has never been asked before. Because there is no law that states one way or the other when it comes to private streets, the association may be able to deny a school bus from driving on its streets. If the association’s streets are public thoroughfares (roads, streets, alleys), the association could not legally prohibit school buses from driving within the community.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.