77°F
weather icon Clear

Frequent condo false fire alarm sets off neighbors

Q: What can be done about a fire alarm going off in one of our association’s attached patio homes for the past several weeks? The home is not occupied at this time as the owner became ill and her family took her to Arizona. We have no way to contact the family. The police have been there several times doing wellness checks but claim they cannot do anything about the alarm. Our homeowners association and fire department also say they have no jurisdiction to go into the home to shut off the alarm.

Any advice would be greatly appreciated. Thank you.

A: If you can find the name of the alarm company for that house, you could contact them and ask for assistance. They most likely can disconnect the alarm.

Q: I’ve read many of your articles and opinions. (Love them btw.) An article written from back in 2019 noted that an HOA is only able to foreclose on a property for fine violations that specifically relate to health and safety issues. (And, obviously, for nonpayment of assessments. )

I’m interested in the specifics that relate to fines and the ability to foreclose.

In reading through the Nevada Revised Statutes 116-, I haven’t been able to identify the specific law that states such.

Can you kindly provide me with the section of the statute(s) that address these particular circumstances?

Thank you in advance for your time and consideration.

A: The foreclosure laws begin with NRS 116.3116 to NRS 116.31168. NRS 116.31031 addresses the violation/fine procedures. NRS 310.310312 addresses foreclosure procedures pertaining to maintenance issues. NRS 116.310313 defines reasonable charges to collect any past due obligation.

Hope this helps.

Q: I have read your columns for many years here in Las Vegas. We have now reached a point in our community that is affecting every homeowner.

Our covenants, conditions and restrictions clearly outline the HOA is responsible for paying water, sewer, trash every month. The board of directors has refused to pay water reclamation for sewer since July. The current management company says the CC&Rs were never amended to remove HOA responsibility for sewer service, and there is no need to do this.

The previous management company conceded that the HOA is responsible but took no action.

The bill for sewer now comes directly to each homeowner as directed by the board. This issue was never brought up for a communitywide owner vote; rather the board felt by sending each homeowner a letter stating they will now be responsible (for the bill) is sufficient. I beg to differ. Any advice?

A: If the responsibility of the sewer payment was in the CC&Rs, the board would have needed to amend the CCRs by the vote of the owners. Because this was not done and owners are receiving sewer bills, the association should credit the sewer fees against the homeowners’ assessments. You may want to file a formal complaint with the Nevada Real Estate Division to investigate the change in sewer payments.

Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

Don't miss the big stories. Like us on Facebook.
THE LATEST
HOA cannot fine renter for license plate display

If the renter has a current license plate that is lying on the inside window dash, the vehicle would have been properly registered. The association could not fine the renter because the license plate is not on the vehicle.

HOA needs to find a way to maintain elevators in condo community

What happened to your reserves? Elevators would be covered under a reserve study, allowing the association to fund for their replacement and or repair. Your association should have been funding this expenditure since 1984.

Communities can get reputation for being difficult, unstable

If the general manager is an employee of the association, under NRS 116.31175 (4a), an owner is entitled to the number of hours worked, salaries and benefits. Those are the only records that the association is required to provide to a homeowner concerning the association’s employees.

HOA unsure how to deal with ‘Let’s go Brandon’ sign

Q: I am the president of a very small homeowners association community. We have a resident who has placed a “Let’s go Brandon” sign in their front window.

Homeowner wants HOA to charge investors for tenant problems

Unless your CCRs has a section that allows higher monthly association fees on owners who violate regulations, you would not be able to increase the investors a higher fee.

Homeowners unhappy about landscaping company

Homeowners do have the right to request in writing a copy of the signed contracts. Since the proposals are association records, a homeowner could request a copy of them as well.

Police respond to tenant causing disturbance in community

The association cannot evict the tenant but could issue a violation letter that would be sent to the unit owner. Owners are responsible for the actions of their tenants and guests. If the disturbance was serious enough, a health, safety welfare violation could be issued.

HOA tows car with out required 24-hour notice

Without reviewing any of your rules and regulations, it would appear to me that the towing of your vehicle was improper based upon the towing laws.