65°F
weather icon Clear

HOA violations and fines must follow state law

I thought it would be worthwhile to have an article on homeowners associations’ violations and fines so that our boards’ enforcement process and procedures follow state laws.

■ Make sure that your violation notice is sent to the property address and the mailing address as they could be different from each other in order to avoid having your violation notice be deemed insufficient.

■ “Sharpen” your photographs. They truly need to be clear and detailed enough so that any person viewing the photographs can see and understand the violation.

■ You are required to substantiate the violation by providing the applicable section of the governing document.

■ The law also requires that you provide a proposed remedy to cure the alleged violation. In addition, you must provide a reasonable amount of time for the homeowner to respond and to comply before any fines can be assessed.

■ We often forget that a schedule of fines are required in order to impose them, which needs to be mailed to each homeowner. The fine schedule also should be included in the resale package and with the annual budget mailer.

■ Often boards make changes to the rules and regulations or architectural guidelines, for example. These changes must be mailed, hand-delivered or delivered by email (or to any other reasonable method) to the homeowners within 30 days after the changes have been adopted in order to be enforceable.

■ We all need to get on the same page of what constitutes a health, safety and/or welfare violation. The law is explicit and uses such words as “imminent threat of causing a substantial adverse effect on the health, safety or welfare” of the unit owners or residents of the community.”

■ The board may want to meet with their legal counsel to create a fine schedule as the fine must be commensurate with the severity of the violation.

■ Take the time to speak with your legal counsel as to what constitutes a health, safety or welfare violation involving such topics as dogs, speeding, homeowner confrontations, specific kinds of maintenance issues (such as oil spills), rubbish, drugs, just to name a few.

Look for my next article on the enforcement process of hearings and fines.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.

Don't miss the big stories. Like us on Facebook.
THE LATEST
Yes, HOA’s can be sued that’s why they carry insurance

Yes, associations can be sued, which is why associations carry multiple kinds of insurance. In your case, the lawsuit should be forwarded to the insurance company who provides the directors and officers insurance policy.

Bids for work must be opened at board meeting

When bids are requested, the law requires them to be sealed and opened at a board meeting at which time the amount of each bid is to be announced.

Rude neighbor frays everyone’s nerves

Sorry to hear that you have such a rude neighbor. The association’s only recourse is to fine the homeowner. Based upon the amount of the fines if they totaled over $500, the board may consider placing a lien on his property.

State Legislature should review HOA disclosure policies

The law does require disclosure, unfortunately, it does not state that the candidate can be disqualified by the association, nor does the law state the association has the right to inform the membership of information that should have been disclosed by the candidate that would deem that candidate ineligible.

Homeowner thinks planned clubhouse too expensive

Generally speaking the management company would not be involved in any manner as to the construction of the proposed clubhouse, including the “sales presentation,” unless specifically directed by the declarant board of directors.

Find out what financial resources could help your HOA

This week, we are turning over the column to the Nevada Chapter, Community Associations Institute’s Community Interests magazine staff. This column, which first appeared in the online Community Interests magazine , cai-nevada.org, looks at little-known financial resources for your homeowners association.

HOA residents need to be responsible dog owners

Q: I recently found your column in the Sunday paper and wanted to ask a question. My homeowners association states in the community rules that there are to be no pets over 25 pounds, as there is a two-dog limit rule, with having both dogs at a 45-pound limit for two pets.

HOA and county agree: take in your garbage cans

Q: I used to own a condo and always found your articles on a variety of subjects helpful and interesting. My question relates to garbage cans in non-condo developments. I have neighbors who leave them in front of their garage doors 100 percent of the time. Now, many of the other residents are doing the same thing.

HOA board has armed guards attend meeting

As to the first question, I would not say security is common per se, but there are associations that have security guards present at their association meetings.

HOA board members should take care in communications

Every day we communicate, be it our telephone conversations, our emails and our letters. As community managers and homeowners association board members, we communicate when we send governing documents, budgets and financial reports to our residents.