76°F
weather icon Clear

HOA will likely have to pay to repair perimeter wall

Q: We noticed the outside of our wall, which is on a corner lot, to be cracked. On further inspection, the wall moves from above. We found you in a Google search. The first search to pop up was an article dated Jan. 31, 2009: “HOA bill to address maintenance of Security Walls within communities.” The home was built in 2004. We bought the home in 2015. Was a bill passed that would make the homeowners association responsible for the wall?

A: Under Nevada Revised Statute 116.31073 (2), the responsibility to repair the perimeter wall would be that of the association unless the association’s governing documents states the responsibility belongs to the homeowners. You will have to check your covenants, conditions and restrictions.

Q: I really enjoyed your article in the RJ last Sunday. I do have a question for you regarding HOAs.

Does a HOA have the authority or the right to tell a homeowner what he can or cannot use his garage for? I want to use my garage as a recreation room for my family.

I plan on getting a pool table and putting it into my garage. It is up to the Architectural Review Committee to decide this matter. My garage is within the four walls of my home.

A: Generally speaking, the answer is yes: The association has the authority to restrict the use of the garage. You will need to review your governing documents and or architectural guidelines. Part of the reason for the restriction is often because of the limited parking areas within a community, which requires full use of the driveway and garage for vehicles.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

MOST READ
Don't miss the big stories. Like us on Facebook.
THE LATEST
HOA board hires management company

No. The selection of a management company is made by the board of directors. Many associations have search committees where the members of the committee consist of board members and interested homeowners.

Community manager refuses to provide tenant information

Management companies and community managers are sensitive and are hesitant in providing this kind of information, often citing NRS 116.31175 (4b) records of the associaiton relating to the unit owner to be confidential.

Can my HOA demand NDAs for committee volunteers ?

Although the NDA may not be specifically noted in the covenants, conditions and restrictions, association boards generally have the power to develop criteria for serving on their committees.

HOA wants to include building permits in ARC reviews

NRS 116 does not explicitly include the specific architectural process or guidelines that an association may have in its governing documents.

Can an HOA tell you where to park your vehicles?

Q: Can a homeowners association in Las Vegas impose fees for parking excess vehicles in the common areas or streets?

HOA board without a community manager

The best advice, appoint another homeowner to the board and hire a professional licensed community manager to conduct your administrative affairs or hire an association management company.

Does prayer belong in the HOA volunteer group?

This is a sensitive issue and one that involves constitutional rights. Ultimately, unit owners who object to the invocation at a volunteer organization’s meeting could take this matter to the courts.

Movie club blocked by HOA clubhouse official

In your case, there is broad language as to the restriction of political events. From your comments, the clubhouse event coordinator made the decision to prevent the showing of the particular movie. Is there a Clubhouse Event Committee? What authority does the coordinator have in your governing documents?

MORE STORIES