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HOA tows car with out required 24-hour notice

Q: I just got done reading a article you did regarding Nevada towing laws. Pertaining to apartment complexes. So much great information. I thank you for your time and energy putting that together.

I have an interesting one that I’m hoping I can get your thoughts on at my apartment complex. This property has always been poorly designed and never provided enough parking for the residents. So the property has made the decision to remove all guests parking from the property. They’ve also made the decision to give the residents parking passes to put in their windows.

Well, when the new rules went into a effect. I had completely forgotten to put the parking pass on my window. So, when I was home the other day with the car parked in a open space — legally parked in every other manner in front of my apartment — management intentionally requested to have my vehicle towed. There was no 48-hour notice or sticker place on my car, etc. They towed my car within an hour for no other reason than the alleged simple parking violation of not having a parking sticker in my window.

So, after reading your article regarding the laws and the legal thresholds that have to be met in order to tow a vehicle without notice, I think you would agree that towing my vehicle and not providing a 48-hour notice of violation, for nothing more than a simple parking violation of not having a parking pass in my window, is clearly an illegal towing?

Thank you advance for your time and your response.

A: 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.

Q: I wonder if you could clarify something for me. The board members of our community took out the sewer obligation, which is included in the covenants, conditions and restriction, and are making the homeowners pay The homeowners were never notified the CC&Rs were never rewritten

A: There have been other associations who have removed the sewer payment from the association’s expenses and have transferred the sewer payment obligation to the homeowners. In most cases, there was some change in their governing documents that allowed this action.

Apparently, your case, the CC&Rs were rewritten. If they were rewritten, at some point, the homeowners would have been required to approve them by a written vote. You did not provide any additional information that would allow me to respond more precisely.

Just as a point of information, sewer fees are based upon the number of fixtures within the unit that is tied to the sewer reclamation system. Sewer fees are not based upon usage such as water, electricity or gas.

Q: Hi Barbara, First let me say I read your column every week and should shortly receive my associates degree in HOA information . My question is: Who assigns members to the Architectural Review Committee, and can those members be changed/rotated ? If so, should it be by email or verbal communication.

A: Generally speaking, all committees are established by your board of directors. Many associations have committee charters, which outline the responsibilities and the authority of each committee. Often, the charters will describe how members are appointed and the terms of the committee members.

You should review your CC&Rs or bylaws for the specifics of your association. The establishment of committees or adhoc committees or task forces should be on a board agenda and discussed and voted upon at the open meeting. This would also include the appointment or the removal of a committee member.

Note: The Southern Nevada Water Authority (SNWA) reminds residents that mandatory spring watering restrictions are in effect March 1 through April 30. The spring restrictions allows spray irrigation up to three assigned days per week. Drip irrigation can operate two to three times per week (landscape irrigation is prohibited on Sunday year-round). To find your assigned watering days, and for tips on how to water or maintain your landscape, visit snwa.com.

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

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