Q: I have no success at getting this large plumbing van removed from our complex. Here is the problem: The person driving the truck is a board member. In the last two years we have had four out of five new board members. As plain as day, in the community rules it plainly spells out this type of truck is not allowed. It’s as long as the driveway and 4 feet higher than the garage door. No way it would fit in the garage. I put the rules in front of the board at the last meeting and they, more or less, did not care. So now guess what? That’s right, some other people started bringing in commercial trucks. Not a big surprise to me. Seen it before. I have been on and off the board for 25 years. But they know it all, and I am the bad guy. Got any ideas?
A: Under certain exceptions per Nevada Revised Statutes 116.350, commercial vehicles can be parked within a community regardless of the association’s regulations. Under the law, section 5, emergency vehicles can be parked within the community. The law defines emergencies to mean vehicles owned by any governmental agencies identified as a vehicle that provides emergency service, law enforcement vehicle, and utility service vehicle furnishing emergency service for electricity, water, sewer, sanitary, telephone, cable or community antennae service.
The board could argue that the plumbing vehicle provides sewer or sanitary services and meets one of the law’s exceptions. Whether that argument stretches the law is up to a matter of interpretation. You could contact the Nevada Real Estate Division or the Ombudsman’s Office for their opinion.
Q: Never enough thanks for all you do to help homeowners association property owners understand the rules and regulations of living in such properties.
I have a question. I have a lower condo. The condo above me leaks water inside the wall to my bathroom. I have contacted property management on this, and they have sent notices to the owner to no avail. I am afraid of mold issues. We have called the owner to a hearing. Should I contact the health department to get help on this issue?
A: The 2017 Legislature passed some major laws pertaining to abatement of water or sewage leaks, which can be found in NRS 116.310312 (4 and 5).
If the unit is vacant, the association, including its employees, agents or community managers, may enter the interior of the unit to abate a water or sewage leak that is causing damage to another unit or common element (area) if the unit’s owner refuses or fails to abate the water or sewage leaks.
After providing the unit’s owner with notice, but before a hearing, the association could remediate or remove any water or mold damage to the extent that such remediation or removal is necessary because the leak threatens the health or safety of the residents.
You should contact your community manager for the most current status of the repairs to the water leaks and what actions the association will be taking prior to contacting the Southern Nevada Health District.
Q: Is a private meeting between two to three HOA board members to discuss association business allowed under Nevada law?
A: At this time, there is no “open meeting law” that specifically prohibits board members from meeting outside of a formal board meeting to discuss association business as long as no decisions are being made. Often board members have workshops to obtain information and to identify and clarify issues that would generally be placed on the board agenda for consideration and action.
Q: I have a question about our financials. If we, as board members, ask for a copy of the last five years’ financial summaries, do we have to pay for them? If we do, how much do you think it would cost, or does the management company charge the HOA?
A: Most management companies would provide these financial summaries to their board members without charging them any fees, especially if they can be sent electronically.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to firstname.lastname@example.org.