Under NRS 116.3102 (3-4), the board may determine whether to take enforcement actions. The board does not have a duty to take enforcement action under certain circumstances.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to firstname.lastname@example.org.
You may want to consider running for the board. Many of your concerns are legitimate ones as to the communications to the owners.
If you have not heard, we now have one more problem to add to our swimming pool and spas operations during the COVID-19 months, the shortage of chlorine tablets.
Q: I am a board member of a 124-condo complex in Las Vegas. We have carports, of which each condo gets one assigned space to park. We have many guest parking spaces. Over time, some residents have as many as three to four cars, meaning these are parked in guest parking. We have no storage policy for vehicles. And there is no rule that says we can tow after three days if a car is not moved. Can an HOA regulate how many cars there are per condo? The board believes two cars per condo is enough. To make a rule of only two cars per condo will get rid of subleasing and many tenants in one condo. That will only make for more problems for our HOA.
Under certain exceptions per Nevada Revised Statutes 116.350, commercial vehicles can be parked within a community regardless of the association’s regulations.
This column addresses homeowner association violations and fines and what the board should consider in this process.
As for condominium associations, owners can install an antenna on balcony or patio if the patio or balcony is a limited common element, restricted for the owner’s exclusive use. Again, installation rules would be permissible and may require that the owner cover the antenna as long as such a requirement does not impair an owner’s ability to receive a signal or unreasonably delay or increase the cost of installation, maintenance or use.
Please note, that for some associations the prohibition of certain dogs, such as pit bulls, are found in their covenants, conditions and restrictions, which would require a vote of the membership to amend this section of their governing documents.
The association should consider a revision in its rules, assuming the current regulation is not in the covenants, conditions and restrictions, which would allow a homeowner reasonable time to load and unload an RV. For many associations, their regulations allow 24 hours.
You have a number of concerns. The first being the lack of experience of the current board of directors. Unfortunately, we do have a problem as too many qualified homeowners do not wish to serve on the board. We have to ask the question, why? For some homeowners, it is a matter of time; for others, it is a thankless volunteer job. Associations that are having problems finding homeowners to serve should review how they operate. In some cases, modifications of board meetings to make them more meaningful and less stressful would be a big start.
As to the removing of the fireplace within the clubhouse without homeowner approval, you would need to review the association’s covenants, conditions and restrictions. As a general rule of thumb, community rules would require homeowners approval to change of one of the amenities.
There is no excuse for racially, inappropriate comments by anyone, be it directors, residents, vendors or managers. In your case, the association’s legal counsel should be contacted. Besides the inappropriate comments, this homeowner should not be interfering with the association’s contractors.