Q: Boy, I enjoy reading your column, very informative!
Of course, I do have a question for you: When a project requires several bids or contracts, our board says they will look at them at home and email the decision to the community manager. Is it OK for them to do this? It does make sense, except the homeowners aren’t informed of the decision.
I asked our community manager if it was OK, and was told he/she is not a lawyer. By that answer I am thinking it is not OK, but I thought I would go to the expert.
Keep up the great work.
A: 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.
The problem with the current law is that neither the board nor the management company has the proper time to review them, let alone create a matrix to truly understand the bid, its cost and warranties.
In order to avoid delays in having projects started, the board can make a motion that the selection of the bid or contract will be done by email. Board members then have a time to review the bids and inform the other board members and their manager.
The selection of vendor can be sent to the homeowners by e-blast or included in the newsletter and/or website, and then at the next scheduled board meeting, the board decision can be announced.
Q: Can a Nevada homeowners association require homeowners who rent their homes to provide a tenant a signed copy of both the covenants, conditions and restrictions and lease to be kept on file?
There are many out-of-state owners who use rental agencies to manage their properties.
It seems most tenants actually have no clue to the CC&Rs and therefore cause many problems in the community. I was told by the management company that by law they are unable to ask for tenant or leasing information.
However, the president of the neighboring community has said that is absolutely not true, and that they require every single rental to provide both signed leases and signed CC&Rs to be kept on file with their management company. Who is correct? This has been a huge bone of contention among residents in our community.
A: Nevada Revised Statute 116.335 (4) does allow the association to require the unit owner to provide a copy of the lease or rental agreement. What the association cannot do is to charge a registration fee.
Q: During the election season, we had political candidates campaigning door to door. We have no soliciting signage posted at our gates. Neighbors are already complaining that some stranger is banging on their doors. They say they chose to live in a gated community so they wouldn’t have to tolerate such activity.
Some, and not just elderly residents, are also rightfully concerned about their personal safety. So, simple bottom-line question time. Does campaigning door to door constitute soliciting?
A: NRS 116 does not address door-to-door campaigning. Homeowners would follow the policy set by the association as to whether it is allowed. Under NRS 116.325, the association cannot prohibit a unit owner from exhibiting one political sign on their property as long as the sign is not larger than 24 inches by 36 inches. Subsection 3 defines political signs to include any election of an association.
While a homeowner in your community may not be allowed to campaign door to door, homeowners could have a sign to vote for a specific candidate on their property (not common area).
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to email@example.com.