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Barbara Holland

Can an HOA tell you where to park your vehicles?

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(Bizuayehu Tesfaye Las Vegas Review-Journal @bizutesfaye)
Water District clarifies new grass restrictions
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(GoBankingRates.com)
HOA should disclose NRED settlement agreement
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Law supports HOA rule that all dogs be on leash
By Barbara Holland RJRealEstate.Vegas
August 18, 2024 - 1:39 pm
 
Updated August 19, 2024 - 3:51 pm

Q: Can a homeowners association in Las Vegas impose fees for parking excess vehicles in the common areas or streets? The covenants, conditions and restrictions require that vehicles be parked in the unit’s garage.

Always enjoy the Sunday columns.

A: You would need to review your CC&Rs to see if your board has the authority to impose fees for parking excessive vehicles in the common areas or streets.

Q: I live in a small HOA with 68 homes. Our annual meeting and board elections will be held in September. A number of owners will be out of town and would like to vote.

How exactly does the proxy process work to be able to authorize someone to vote for the member/members who are not able to attend?

A: You would not need a proxy as you do not need to attend in person. Under Nevada Revised Statutes 116.3104 (15), the secret written ballot must be mailed to all unit owners who shall have at least 15 days to return the ballot to the association. A quorum is not required for the election of any member to the board.

If necessary, you should contact your association if you need your ballot to be mailed to a different location.

If the number of candidates are less than the number of vacant seats, the board does not need to mail out ballots.

Under this law, section 5b, the nominated candidates shall be deemed to be duly elected to the board at the owners’ meeting.

Q: Just a few questions.

When a builder builds a community, how do they chose a HOA?

Can you tell me if they get a commission? How does that work?

A: No, the developer does not receive a commission.

Developers choose management companies in the same manner as a board of directors choosing them, based upon recommendations, cost and reputations. In many cases, developers will use the same management company for multiple communities based upon their working relationships with the management company.

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

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(Bizuayehu Tesfaye Las Vegas Review-Journal @bizutesfaye)
Water District clarifies new grass restrictions
By Barbara Holland RJRealEstate.Vegas

The original language of the law (AB 356, 2021) that prohibits using Colorado River to irrigate nonfunctional turf was amended under AB 220 in 2023. While it originally referenced properties not zoned exclusively for single-family residence, the amended language references “any parcel of property that is not used exclusively as a single-family residence” (Section 31).

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HOA should release list of board candidates
By Barbara Holland RJRealEstate.Vegas

Under NRS 116.31034, it is not required that an association provide a list of the candidates prior to the sending of the ballots. Often this information can be found in the meeting minutes as part of the election update. The board should release this information as it is not considered confidential.

(GoBankingRates.com)
HOA should disclose NRED settlement agreement
By Barbara Holland RJRealEstate.Vegas

Since the association’s case with NRED is probably public information, your association should have reported the information to its members.

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Law supports HOA rule that all dogs be on leash
By Barbara Holland RJRealEstate.Vegas

In the State of Nevada and in Clark County, a service or support dog while in public is to be on a leash unless the leash interferes with the individual’s disabilities or with their work.

HOA stalls in removing tree that landed on condo building
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If this tree is one that belongs to the association and is located in the common area, the association needs to contact its insurance company to not only remove the tree but also to assess the damages caused by the tree onto any of the homeowners’ units.

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Bids not needed to renew management company’s contract
By Barbara Holland RJRealEstate.Vegas

There is nothing in Nevada Revised Statutes 116 that requires an association to rebid all of its vendor accounts, including the management contract.

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Homeowner worried about HOA board member
By Barbara Holland RJRealEstate.Vegas

Technically, the remaining board member could appoint directors to fill the vacant positions. The terms for the appointed board members would expire upon the next scheduled election. If the remaining board does not appoint any directors, most governing documents would allow the homeowners to call for any election.

The Nevada State Legislature Building at the state Capitol. (Las Vegas Review-Journal)
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