No, CCRs are not supposed to be enforceable only at the board’s discretion. You are not supposed to pick and choose which section of your governing documents you will follow.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to email@example.com.
This is not the first time a reader has stated to me that the towing company or the management company has informed them that a parking sticker placed on their vehicle is good for six months. Meaning, the towing company could tow a vehicle with no further notice if there were another infraction within a six months’ period.
If the president resigns and if there are no other homeowners willing to serve, the Nevada Real Estate Division would appoint a receiver to manage the association who in turn would select a management company to manage the association until that time the association has recovered from the resignations.
Note: I have invited Las Vegas attorney Avece M. Higbee to write this column to answer a reader’s question about health and safety fines.
Q: How often does the government come in and take over a homeowners association. I’m a board member, and our reserves are underfunded. On paper, for 2020, the total should be $450,000. At this time we have $250,000 but are going to spend most of that ($160,000) to replace the roofing that was installed in the late 1980s. About $75,000 is raised in assessments each year. Management wanted the board to raise the assessments, which all members were against. It then made the threat that, because of the underfunding, the state/county might come in and take us over.
Depending upon the board, many associations do not provide direct contact information with the directors. Instead, correspondence to the board is to be sent to the community manager. The primary reason is that too often the contact information is misused by residents who will call directors regardless of the time; or visit their homes. Association business should be conducted at board meetings and through the management company.
Q: Heard from a friend living in a nearby community that his HOA is being sued. Reports are that some kid on a bike crashed into a palm tree and cut his arm. No details exactly where this vicious tree was: adjacent to a sidewalk, on a remote slope of the common elements, etc. Appears the tree was trimmed in the usual way where there are short pieces of the “fronds” still attached. Pieces must have been sharp enough to cause the injury. Our board has discussed this matter and is wondering if “shaving” or “skinning” the trunks is warranted — at least up to 8 feet to 10 feet in height. Not sure if either term is correct but it produces a “textured” and not one with, uh, sharp edges. Do we really have to go to this extreme? Would every HOA, park, casino, etc have to do the same? How idiot-proof can you make an environment? Pad the streets so if someone fell, they wouldn’t hurt themselves? Pad block walls so if someone bumped into them, they wouldn’t hurt themselves? The potential cost to shave trees could be enormous on anyone or everyone owning a potentially deadly palm tree. Is this bordering on absurdity?
Nevada Revised Statutes 116.31175 subsection 4a states the personnel records of an association’s employees are confidential with the exception of the number of hours worked and the salaries and benefits of those employees. There is no state law as to how a homeowner uses this information.
Q: I live in a homeowners association in northwest Las Vegas. In our gated community, there is a no solicitation sign posted at each gate; speed limit signs posted at various locations and stop signs installed at certain intersections. All three are ignored. The HOA board states they are powerless to enforce. The Metropolitan Police Department states the community is private property, which limits their enforcement.
Nevada Administrative Code 116 are the regulations that are established by the Common-Interest Communities and Hotel Commission as authorized by the state Legislature. NAC 116.405 pertains to the responsibilities of association boards,
As a board member, you are entitled to copies of letters being sent to homeowners. Per your fiduciary responsibilities, board member are to keep confidentiality of such violation letters.