weather icon Cloudy
RJ App
Vegas News, Alerts, ePaper

HOA management company charges ARC fee

Q: Our homeowners association never charged to submit an Architectural Review Committee form. New management is on board, now, and with no written notice to homeowners, they are charging a fee. I would think that we should be notified. What’s the ruling on that?

Also, we are having a problem with management seeing through a problem that deals with a homeowner that is disabled. Months have gone by and nothing is being done. We have just contacted Americans with Disabilities Act (filed a complaint) and waiting for a response. Please give your suggestion and opinion on this ruling.

A: As to your first question: A number of management companies are now charging an architectural fee. This fee is probably included in the management contract that was agreed upon by your board. Some management contracts have a clause, which allows the management company to impose additional reimbursable charges after the first year of management with a written notice to the board prior to the new calendar year. There is no specific section in Nevada Revised Statutes 116 about any notification of a new fee to the homeowners.

As to the second question: You did not provide any additional information as to the issue concerning the disabled homeowner. ADA is the abbreviation for the American Disability Act. The Americans with Disabilities Act of 1990 or ADA (42 U.S.C. § 12101) is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,[1] which made discrimination based on race, religion, sex, national origin and other characteristics illegal, and later sexual orientation. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.[2]

The Fair Housing Act (FHA) of 1968 applies to residential communities, both apartments and homeowner associations. Within this body of laws, there is a disability section. In most cases, an association would have an FHA claim against them as opposed to an ADA claim.

It would not surprise me that this association is waiting for some response from the federal government. Many agencies are still not up to speed because of the lingering pandemic. My advice is to contact them on a regular basis if needed but don’t expect a fast resolution.

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.
New HOA president trys to set record straight

If the association followed the procedures as outlined by your governing documents, the amendment to change 10 lots to eight lots would be legal.

Homeowner says HOA assessments unfair

There are many associations where the homeowner assessment is the same for all units, regardless of size.

Removing board member may not stop the harassment

Ultimately removing this director from the board may be your final solution. One caveat, removing him from the board would not necessarily stop the harassment as he could continue to harass as a homeowner.

Homeowner vs HOA over backyard work

If the board was aware of the construction for over a year and never had taken any action against your friend, the board may find that they will have a legal issue in trying to enforce their regulations.

Condo renter parking motorcycle in unit

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.

Homeowner complains about board, fee hike

To call for a special meeting of the homeowners, the owners must submit a petition signed by at least 10 percent or any lower percentage specified in the covenants, conditions and restrictions of the total number of voting members.

Law does not address online HOA meetings

There are many advantages and disadvantages of having a combination meeting — those present and those online. Until associations invest money to provide a better virtual system, homeowners can continue to expect various difficulties in hearing and seeing the participants at the board meetings.

Since COVID HOA refuses to hold regular meetings

The board has a legal obligation to hold meetings at least once every quarter and not less than once every 100 days per Nevada Revised Statute 116.31083.

Homeowner wants to recall entire HOA board

State law supports board members being removed with or without cause if a removal election is held and the number of votes cast in favor of removal constitutes at least 35 percent of the total number of voting members of the association and at least a majority of all votes cast in the removal election.