HOA has legal ability to dictate a wide range of restrictions

Q: Our friend told me to ask you about warnings from our HOA that said that our trash cans were visible from the street. Mind you, we’ve lived in the home for 12 years. Also, they said that our street numbers were faded and that we need to replace the fixture. Is this a real thing? They say it’s a nuisance. Any thoughts?

A: Yes, there has been a law on the books for a number of years that allow associations to establish regulations under certain conditions, as follows, NRS 116.332.

An association of a planned community may adopt rules, in accordance with the procedures set forth in the governing documents, as defined in subsections 1 and 2 of NRS 116.049, or the bylaws of the association, that reasonably restrict the manner in which containers for the collection of solid waste or recyclable materials are stored on the premises of a residential unit with curbside service during the time the containers are not within the collection area, including, without limitation, rules prescribing the location at which the containers are stored during that time. The rules adopted by the association:

(a) Must:

(1) Comply with all applicable codes and regulations; and

(2) Allow the unit’s owner, or a tenant of the unit’s owner, to store containers for the collection of solid waste or recyclable materials outside any building or garage on the premises of the unit during the time the containers are not within the collection area.

(b) May:

(1) Provide that the containers for the collection of solid waste or recyclable materials must be stored in the rear or side yard of the unit, if such locations exist, and in such a manner that the containers are screened from view from the street, a sidewalk or any adjacent property; and

(2) Include, without limitation, rules prescribing the size, location, color and material of any device, structure or item used to screen containers for the collection of solid waste or recyclable materials from view from the street, a sidewalk or any adjacent property and the manner of attachment of the device, structure or item to the structure on the premises where the containers are stored.

3. An association of a planned community may adopt rules that reasonably restrict the conditions under which containers for the collection of solid waste or recyclable materials are placed in the collection area, including, without limitation:

(a) The boundaries of the collection area;

(b) The time at which the containers may be placed in the collection area; and

As for the reader’s street number on the house, there are no NRS rules. The reader will need to look at the association’s rules and regulations, but my best guess is that the association would have the authority to require a homeowner to make repairs on their house number.

■ Barbara Holland will be speaking at the IREM Chapter 99 luncheon on Feb. 17, 11:30 a.m. to 1 p.m. at the Fogo de Chao restaurant at 360 E. Flamingo Road, concerning property and commercial managers’ risks and lawsuits. For more information or to register for this event, visit the IREM website www.lasvegasirem.org.

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