Yes, associations can be sued, which is why associations carry multiple kinds of insurance. In your case, the lawsuit should be forwarded to the insurance company who provides the directors and officers insurance policy.
When bids are requested, the law requires them to be sealed and opened at a board meeting at which time the amount of each bid is to be announced.
Sorry to hear that you have such a rude neighbor. The association’s only recourse is to fine the homeowner. Based upon the amount of the fines if they totaled over $500, the board may consider placing a lien on his property.
The law does require disclosure, unfortunately, it does not state that the candidate can be disqualified by the association, nor does the law state the association has the right to inform the membership of information that should have been disclosed by the candidate that would deem that candidate ineligible.
Generally speaking the management company would not be involved in any manner as to the construction of the proposed clubhouse, including the “sales presentation,” unless specifically directed by the declarant board of directors.
This week, we are turning over the column to the Nevada Chapter, Community Associations Institute’s Community Interests magazine staff. This column, which first appeared in the online Community Interests magazine , cai-nevada.org, looks at little-known financial resources for your homeowners association.
Q: I recently found your column in the Sunday paper and wanted to ask a question. My homeowners association states in the community rules that there are to be no pets over 25 pounds, as there is a two-dog limit rule, with having both dogs at a 45-pound limit for two pets.
Q: I used to own a condo and always found your articles on a variety of subjects helpful and interesting. My question relates to garbage cans in non-condo developments. I have neighbors who leave them in front of their garage doors 100 percent of the time. Now, many of the other residents are doing the same thing.
As to the first question, I would not say security is common per se, but there are associations that have security guards present at their association meetings.
Every day we communicate, be it our telephone conversations, our emails and our letters. As community managers and homeowners association board members, we communicate when we send governing documents, budgets and financial reports to our residents.
This column addresses homeowner association violations and fines and what the board should consider in this process.
I thought it would be worthwhile to have an article on homeowners associations’ violations and fines so that our boards’ enforcement process and procedures follow state laws.
The dog has two spots in our yard where he relieves himself. When he pees, our grass turns yellow and dies. We have had to replace with new sod about three times. We have not been able to catch the culprit.
Unfortunately, there is not too much an association can do, other than send the homeowner a letter to not only inform them of the problem but also to ask for contact information for any future issues.
As for condominium associations, owners can install an antenna on balcony or patio if the patio or balcony is a limited common element, restricted for the owner’s exclusive use. Again, installation rules would be permissible and may require that the owner cover the antenna as long as such a requirement does not impair an owner’s ability to receive a signal or unreasonably delay or increase the cost of installation, maintenance or use.