102°F
weather icon Isolated Thunderstorms
Las Vegas, NV
Barbara Holland

HOA board wants to eliminate parking policy

(Getty Images)
(Getty Images)
Barbara Holland
Barbara Holland
More Stories
(Bizuayehu Tesfaye Las Vegas Review-Journal @bizutesfaye)
Water District clarifies new grass restrictions
(Getty Images)
HOA should release list of board candidates
(GoBankingRates.com)
HOA should disclose NRED settlement agreement
(Getty Images)
Law supports HOA rule that all dogs be on leash
By Barbara Holland RJRealEstate.Vegas
June 25, 2024 - 9:22 am
 
Updated June 25, 2024 - 3:48 pm

Q: Our homeowners association has private streets and has a formal parking policy that simply clarifies that which is in the covenants, conditions and restrictions. This policy includes parking stickers for homeowners and tags for visitors.

The management company just sent out the agenda for our upcoming board meeting, which has an agenda item to eliminate the parking policy. I’m assuming that is because there are some homeowners (including the total of three current board members) who don’t like the parking stickers and/or want no restrictions on parking in the street, driveway or garage.

If the current parking policy is reversed in total, then it appears the CC&Rs would still control the topics of street parking, driveways and garages. This approach would put us back into the nebulous enforcement of the CC&Rs. I believe the rationale is that they want to have a more friendly and harmonious neighborhood by selectively bending that which is specified in the CC&Rs to meet that objective.

Is there a specific section in Nevada Revised Statutes 116 that permits the board of directors to ignore specific sections of the CC&Rs (assuming it is not in conflict with other law)? I believe the proper approach to address the street parking, driveway and garage issues is for two-thirds of the homeowners to vote to rewrite the relevant sections in CC&Rs.

Your thoughts?

A: Your CC&Rs supersede any association policy. In this case, the board is considering the elimination of the specific parking policy and reverting back to the CC&Rs.

Your board would not be in violation of any state law as the parking regulations would be covered under the CC&Rs. What becomes difficult is the “how” in enforcing the CC&Rs. Without a specific policy to define what parking is acceptable or not, decisions made as to the enforcement of the parking restrictions in your CC&Rs be more subjective.

Barbara Holland, CPM, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.

MOST READ
Don't miss the big stories. Like us on Facebook.
THE LATEST
(Bizuayehu Tesfaye Las Vegas Review-Journal @bizutesfaye)
Water District clarifies new grass restrictions
By Barbara Holland RJRealEstate.Vegas

The original language of the law (AB 356, 2021) that prohibits using Colorado River to irrigate nonfunctional turf was amended under AB 220 in 2023. While it originally referenced properties not zoned exclusively for single-family residence, the amended language references “any parcel of property that is not used exclusively as a single-family residence” (Section 31).

(Getty Images)
HOA should release list of board candidates
By Barbara Holland RJRealEstate.Vegas

Under NRS 116.31034, it is not required that an association provide a list of the candidates prior to the sending of the ballots. Often this information can be found in the meeting minutes as part of the election update. The board should release this information as it is not considered confidential.

(GoBankingRates.com)
HOA should disclose NRED settlement agreement
By Barbara Holland RJRealEstate.Vegas

Since the association’s case with NRED is probably public information, your association should have reported the information to its members.

(Getty Images)
Law supports HOA rule that all dogs be on leash
By Barbara Holland RJRealEstate.Vegas

In the State of Nevada and in Clark County, a service or support dog while in public is to be on a leash unless the leash interferes with the individual’s disabilities or with their work.

HOA stalls in removing tree that landed on condo building
By Barbara Holland RJRealEstate.Vegas

If this tree is one that belongs to the association and is located in the common area, the association needs to contact its insurance company to not only remove the tree but also to assess the damages caused by the tree onto any of the homeowners’ units.

(Getty Images)
Bids not needed to renew management company’s contract
By Barbara Holland RJRealEstate.Vegas

There is nothing in Nevada Revised Statutes 116 that requires an association to rebid all of its vendor accounts, including the management contract.

(Getty Images)
Homeowner worried about HOA board member
By Barbara Holland RJRealEstate.Vegas

Technically, the remaining board member could appoint directors to fill the vacant positions. The terms for the appointed board members would expire upon the next scheduled election. If the remaining board does not appoint any directors, most governing documents would allow the homeowners to call for any election.

The Nevada State Legislature Building at the state Capitol. (Las Vegas Review-Journal)
A look at HOA bills in the 2025 legislative session
By Barbara Holland RJRealEstate.Vegas

The 2025 legislative session is over. Here is a summary of what bills died, vetoed by the governor or signed into law. For many of the bills that died or were vetoed, you can definitely expect them to show up during the 2027 legislative session

MORE STORIES