102°F
weather icon Clear

Community a bit heavy-handed in its towing policy

Q: My car was towed six hours after a moving permit ran out. No notice to me. No sticker. They (the community manager) told me they can put a orange sticker on a car anytime in the last six months for any infraction, such as altered registration. That would be your only warning for the year. It is a one-sticker state? This seems highly unlikely to be the case. Maybe, just maybe, if it was for the same reason.

It cost $389 to get my car back. The tow driver better have photos to prove he tagged and dated an orange sticker before he towed my car. It seems like he is the one who needs to prove it. I don’t even think the tag that was put on the car in September had a date or time written on it.

A: This is not the first time a reader has stated to me the towing company or the management company has informed them 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-month period.

I have yet to find any state law that supports that proposition.

Nevada Revised Statute 116.3102 subsection 1s addresses parking issues pursuant to NRS 487.038, which are the towing laws for the state of Nevada. Here is what NRS 116.3102 has to say about what the association may do:

“May direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

(1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

(2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.”

As you will note, the law requires 48-hour notice prior to removing any vehicle unless it is blocking a fire hydrant or illegally parking in a handicapped space or causes an imminent threat.

There was a change in the towing laws during the 2017 legislative session which became effective July 1, 2017, as follows:

SB320 pertains to the subject of the towing of unregistered vehicles. This law pertains to condominiums and town houses that have a common parking area, regardless of whether there is assigned parking. The association may not tow a vehicle if the vehicle is owned or operated by a resident and where the registration has not expired past 60 days or more. Please note that the association may tow the unregistered vehicle if it is owned or operated by a nonresident upon verification of the nonresident status.

Stickers that are being applied to vehicles have a 48-hour window before being towed, and the stickers must include the date and time after which the vehicle will be towed.

SB320 does not apply to single-family homes or condominiums and town houses that have garage parking only.

You may want to have another conversation with the manager of the towing company as to a refund.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.

Don't miss the big stories. Like us on Facebook.
THE LATEST
Yes, HOA’s can be sued that’s why they carry insurance

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.

Bids for work must be opened at board meeting

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.

Rude neighbor frays everyone’s nerves

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.

State Legislature should review HOA disclosure policies

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.

Homeowner thinks planned clubhouse too expensive

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.

Find out what financial resources could help your HOA

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.

HOA residents need to be responsible dog owners

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.

HOA and county agree: take in your garbage cans

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.

HOA board has armed guards attend meeting

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.

HOA board members should take care in communications

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.