July 7, 2023 - 12:56 pm
Q: We have a homeowners association board that pretty much agrees on most things except we are having difficulty with a portion of article 3.6 of the covenants, conditions and restrictions. What is your take on “there shall be no open fires whatsoever” as it pertains to the rest of the article?
A:It appears that the association will not allow any open fires. The exception is barbecue fire that is contained within a designed receptacle. The grill has to have a top that encloses the fire. In addition, barbecues have to be approved by the association. Also, the barbecue fire must be in accordance with city or county ordinances.
Q: I found you online. My question is as follows: If you have a verbal approval from an homeowners association board but not the written approval, can you be fined if you start your work. If your work is as was requested from the HOA but you don’t want to wait for them to send a formal approval, can they do anything? Keeping in mind you are doing what they verbally requested but you don’t have a written approval. This all sounds very “wordy,” but I hope you can understand what I am saying. What would the violation be? Not waiting for the written approval? Can they get punitive?
A: You need to have the approval in writing before you start work. If you start work without the written approval, not only can you be fined for each week that you are not in compliance, but you also risk the association telling you that you need to dismantle the work. You would have to start all over with what other modifications the board wants from your request.
Q: I live in an HOA with 68 homes in Henderson. Myself and other owners think that some of our budget numbers are overinflated. As owners, do we have the legal right to hire an accountant and audit the books of our HOA?
So then, would it be a matter of us formally requesting in writing to our management company what our intentions are and then they have to open the books up to an auditor? I’m trying to understand the legal process.
A: Yes, the law, Nevada Revised Statutes 116.3118 (2b), allows a unit owner or his or her authorized agents to inspect, examine, photocopy and audit the financial records of the association.
You should be very explicit as to what you want to audit, as the association can charge you $10 per hour to review the records per NRS 116.31175 (8) and charge you 25 cents per page for the first 10 pages and 10 cents per page thereafter. (NRS 116.31175 (2).
Barbara Holland, CPM is an author, educator, expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to firstname.lastname@example.org.