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.
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.
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?