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Condo renter parking motorcycle in unit

Updated February 17, 2023 - 12:13 pm

Q: A neighbor in our condo complex has a motorcycle. He was parking it in front of his condo and now he is parking it inside his condo instead of in a parking space. He is a renter not an owner. We have messaged the condo association multiple times. This started around the first of 2023. We know there are procedures for notification to the owner. We feel this is a hazardous situation and we do not know what is happening to correct the problem. Shouldn’t some kind of immediate action be taken by the management company?

Thank you for your input.

A: I truly understand your concern. Many years ago when I was living in Glastonbury, Connecticut, the same situation occurred where our neighbor was parking his motorcycle directly under our unit. We did contact our management company and were able to have them respond to the situation.

You have a couple of options. Try the management company, even if you have to make an appointment. Contact code enforcement with the county and see if they can assist you.

Q: Ms. Holland, we value your advice and seek your input. At a 2023 budget ratification meeting:

1. Total attendance, well over 150, exceeded the occupancy limit according to the Nevada Fire Code of 117 occupants.

2. Community manager stated that 395 votes (half of total units, plus one) was required to reject the budget. A vote never took place.

3. The manager stated the increase of $23 (11.06 percent) in our maintenance fee was in compliance with our governing documents, which states 15 percent increase or more required a vote by the members. Nevada Revised Statutes or governing documents, which prevails?

4. Are there options for our association to repeal the 2023 ratification budget?

A: No. A vote to reject the budget would not be needed if you had less than the majority of owners present at the budget ratification meeting to reject the budget.

The only alternative would be to recall the board, elect a new board and create a new budget for the owners to ratify, which is not very pragmatic.

Q: Shouldn’t something as important as a homeowner election require a follow-up email to make sure everyone in the community received notification and nomination forms?

We never received any notification, either via email or snail mail. So imagine our surprise when we received ballots in the mail. I immediately contacted our community manager to ask why we hadn’t received prior communication regarding an election.

Due to this oversight, I followed up with email to the entire board, as well as management, respectfully requesting postponement of the upcoming board meeting and election, in order to give us the opportunity to participate. Our community manager simply replied: “I did everything according to NRS,” and denied my request.

I don’t doubt that he properly prepared documents, I was only questioning why we never received any notification via any means, and why there was never any follow-up to make sure that everyone in the community received notice for something as important as nominations/elections.

A: My question to you: Did you receive any information concerning the nomination of directors? Technically, you should have received a written notice, mailed to your address informing you of the election date and including a candidate application form that you could complete if you wanted to run for the board.

If you received your ballot, as indicated in your email to me, you should have received the prior information. If you did not receive that information, you would need to speak with your management company to review their records.

It is the responsibility of the homeowner to make sure that their management company has their current mailing address. Any correspondence is sent to the address on record. Many association management companies will remind owners of the nomination and election period on their websites, newsletters or in email blast.

Barbara Holland, CPM is an author, educator, expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com

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