October 27, 2023 - 3:29 pm
Updated October 28, 2023 - 10:20 am
Q: Did the last Legislature address expired car registrations? There are at least five cars in our homeowners association community with expired registrations. They seem to have no interest in getting current because they say they cannot be towed because of expired registration. One of them has registration that expired over three years ago.
A: I do not recall any changes to AB301, pertaining to towing, which was passed in the 2021 legislative session. This law of Oct. 1, 2021, applied to apartments, condominiums and town houses that have common parking areas and modifies Nevada Revised Statutes 706.4477 (2c). A towing company cannot tow your vehicle if the owner shows proof that the vehicle is properly registered with either the state of Nevada or in any other state.
In addition, a vehicle cannot be towed solely because the vehicle’s registration has expired. The unregistered vehicle could be towed if there was another regulation that was being violated. Your association could possibly pass a new rule that states starting in 30 days, vehicles cannot use the common parking areas as their personal parking space and must be moved every five days to a different location within the common parking areas. Or every vehicle must have current insurance. Check with your legal counsel but with proposed rules, such as these suggestions, it would allow you to have a vehicle towed as long as you follow your due process.
Q: I live in a community where the HOA insists that lighting must be on my front porch and puts lumens exceeding 1,200 with both light bulbs. They state it must be kept on for uniformity and to light the sidewalk. My bedroom has a sliding glass door and it shines inside even with black-out drapes. To black out any more robs me of the normal cadence of the sun and causes sleep anxiety. An agreement was reached between me, the tenant and the HOA several years ago to keep only one light versus two and to be able to black out half of the light that faces my window with black tape. The HOA president has been bullying me since the incident, allowing others to do things I am not permitted to do or am fined for. Other buildings have lighting on the outside of the building to light the sidewalk, but my unit is in the front and they insist I have to keep my light on at 1,200 lumens to my great discomfort. Any help would be great.
A: You are fighting against security. Lighting is one of the standard steps in reducing crime. It is difficult to debate that issue with your comfort level in your house. Try to reach a compromise at your meeting.
Q: Is there a statute regarding HOA insurance bids? Is an HOA required to have at least three insurance bids and bids can only be opened at the meeting?
A: The statute regulating association insurance is NRS 116.3113. Yes, there should be three bids, which would be opened at the meeting. Unfortunately, because of the market conditions and an association’s claim history, you may not be able to obtain three bids. The law states that an association should reasonably attempt to obtain affordable insurance.
Q: I have lived here for two years. Recently, and unknown to me, the HOA transferred management. I received notice of it about two weeks after it was completed.
I contacted the new management company and asked for a list of its officers, their email addresses and phone numbers, but they refused to give me the information as to the officers email addresses and phone numbers, only their names.
I am not having any problems nor have I had any violations. But I want to know how to contact the new management company if I have a problem or concern. Suggestions?
A: The management firm is not required to provide that information. You can search for the information on the Secretary of State’s website or google them. Your contact person would be the community manager who is assigned to your association.
Q: If there are not enough HOA board members (a quorum), what happens? We have 96 units, all fully built and paying full monthly dues (currently, $80 but will be $85 in 2024). We are currently underfunded in the reserve account (about 65 percent).
I believe the board is replaced with paid members to fulfill the necessary duties. I am concerned that this may happen and the cost will be passed on to us homeowners. Any insights would be appreciated.
A: Under NRS 116.31034(10,) unless a person is appointed by the declarant, a person may not be a candidate for or member of the executive board, or an officer of the association, if the person stands to gain any personal profit or compensation of any kind from a matter before the executive board.
Barbara Holland, CPM is an author, educator, expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to email@example.com.