HOA blocks woman’s yard sale proposals

Q: We have a big problem with our homeowners association. It does not follow its community bylaws and state laws when dealing with the homeowners. As an example, the violations given to us are not explicitly written out in the bylaws. In addition HOA board members do not appear to have a budget to follow or present to the homeowners for approval. There is much more, but these seem the most important. Also, there are no meetings for the membership, and there are no elections.

What can we do about this? Believe me, we have complained. We have contacted the community management company frequently by mail, but get nowhere. It appears the management does not pass the letters on to the board, and it appears the board of directors does not accept its responsibilities.

Thanks for any help that you can give us. I don't believe the ombudsman position is particularly designed to help homeowners. I believe our HOA could be sued.

A: If your association is not following its bylaws or Nevada Revised Statutes 116, not having a budget ratification meeting with the homeowners and not having membership meetings and elections, you have no choice but to contact the ombudsman office and the Nevada Real Estate Division to file formal complaints against the association and the management company.

Q: Your articles have been so helpful in the past. You perform a valuable service to HOA boards and especially to homeowners.

As newsletter editor of a small 58-unit HOA, I've been asked to prepare an article about vehicle speeding and enforcement within our community. The covenants, conditions and restrictions and community bylaws appear to be silent on the subject. There is a 15 mph sign at the entrance to the community.

My question is: Since there is no security guard and the HOA directors are hesitant to be the police, how is enforcement maintained?

A: This is difficult policy to enforce, as the offender can claim that he or she was not speeding. The only way to cite a person is by observation, which one could claim was subjective. Generally speaking, 15 mph is the speed limit within association roads. I would guess that most of us drive faster than 15 mph and that we all could be in violation.

The question then becomes how fast does it appear that one is traveling before sending them a violation notice?

You may want to speak with the Metropolitan Police Department for its suggestions on this matter.

Other than observation, you would need to include the date and time of the speeding in your violation letter. Look for repeated offenders. Many associations have installed speed bumps or humps on large stretches of roads where the speeding often occurs. As much as homeowners dislike speed bumps or humps, they are effective ways of slowing drivers' speeds.

Q: I stumbled upon your column and appreciate all the answers you give.

I tried to change my HOA's rules on yard sales. I'd like to be able to hold a community yard sale at least once a year. I've suggested that our HOA could charge a fee for the event. I've tried for 11 years, but they always reject my ideas. What should I do? Yard sales are as American as apple pie.

A: Yard sales may be as American as apple pie, but your HOA board views them as rotten apples. The community's governing documents allow the board of directors to make changes to the rules.

You could start a petition and submit it to the board, but it does not have to abide by a petition, regardless of the number of signatures. You could send a letter to the board to place a motion for consideration on this issue on the next annual homeowners' meeting agenda.

Although, it is not expressly written in NRS 116, the Nevada Real Estate Division did present a written opinion whereby it stated that associations should allow homeowners to place items on their annual meeting agenda.

The final option, which is more difficult, is to obtain a change in the covenants to allow yard sales, which is most unrealistic.

I suggest you elect board members who would support your motion.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, email support@hlrealty.com.