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HOA president wants to tow tenant’s unregistered vehicles

Q: I was president of our homeowners association, years ago, and am now again. We have a terrible parking problem that I was hoping you could help us with.

1. Since February with violations and extensions, a tenant — not owner — has given us parking problems.

2. He came to a hearing, but nothing got solved because he was saying “racism” and the board got scared.

3. He has two white Mercedes plated in Texas, with no date/sticker on them. They are in two unnumbered spots in the back lot.

4. He has a red/orange RoadRunner, parked in his numbered spot, but with an expired plate from 2015!

Letters have been sent, and his vehicles should have been towed. I just became president June 1 and want something done. The management company seems to be reluctant to tow.

I am having a workshop board meeting tomorrow. Can you give me any pointers about what to do with him? What is Nevada law about owner’s spots and unlicensed vehicles?

Our rule book says: “All vehicles on property must be registered and insured.” Does Nevada law override that?

A: You have 30 days to register your car when you transfer your residency to Nevada. There are some exceptions. In your case, the tenant has received notices and has attended a hearing. If you have precisely followed your rules and regulations and your enforcement policies, the association would have the right to tow the vehicles. If your association is somewhat concerned or nervous because of the use of the word, “racism,” by the tenant, you can review the events and facts with your attorney before taking any further action. In support of your position, you should be able to demonstrate that you have followed the rules and enforcement policies of other residents where you have towed their vehicles.

Q: Help! I am a senior citizen experiencing a runaround with my HOA. On Jan. 3, I sold my property at a Las Vegas high-rise. To my surprised I had my HOA fees of $797 deducted from my checking account for the month of January. While I still lived there I had my HOA fee on an automatic payment. That pay should have never been deducted.

When I asked for my payment to be refunded, the HOA claimed that my money went to the management company. After months of many contacts, the management company said the HOA has to refund me of the said amount. Until this time of writing, my money is not still refunded.

Any help you can provide would be greatly appreciated.

A: You have two options. The first is to contact the community management company’s regional manager to assist you.

If you cannot obtain any satisfaction from contacting the HOA and management companies, your next step would be to obtain assistance with the Nevada Real Estate Division. The division can investigate and help obtain clarity as to who should be refunding the overpaid assessments, but only a small claims action can be taken to actually collect the funds.

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

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