May 22, 2022 - 1:41 am
Updated May 22, 2022 - 7:22 am
Q: I live across the street from people who live in chaos. The children have been removed by Child Protective Services for neglect and drug (use), and parental rights have been terminated. The police have been there at least 50 times in 10 years. The house hasn’t been painted since it was new 20 years ago, and it looks like the Addams Family lives there and people come and go at all hours with loud cars and radios. We even had a guy visiting across the street chase a woman into my yard and try and choke her. I called the police. We’ve installed multiple video cameras. Except for these people the neighborhood is beautiful and kept up and quiet.
I’ve contacted my homeowners association, and they tell me there is nothing they can do. Isn’t there something a homeowner can do in this type of disruptive situation?
A: The least that your association can do is to send out violation letters for nuisance, disrupting the peace and quiet of the neighborhood. If the neighbor continues with this disruptive behavior, your association could send them a hearing/fine violation letter. Unfortunately, fining a neighbor does not always result in compliance.
If the neighbor is a tenant, the association has more leverage in pressuring the owner to take action and evict the tenant.
Keep calling the police and documenting the information. Make sure your association receives this information.
Q: I am writing to you seeking assistance with the failures of an HOA in the Las Vegas community.
The HOA has failed to act for years about the following infractions:
■ Pest control in community areas that causes health risk and damage to public and private property.
■ Several current confirmed short-term leased homes on websites.
■ Nuisance and/or obnoxious neighbors with criminal activity, drug selling/using, music, parties, barking dogs, abandoned property.
■ Abandoned and broken homes causing nuisance and concern.
■ HOA even fails to respond to written complaints submitted.
Police and Code Enforcement have been contacted, but the HOA needs to be held accountable, and an investigation needs to be done to conclude if the HOA is capable of preforming their job. Many residents are at the conclusion the high-cost HOA fees are a complete waste of money and are upset with the ongoing situation and inaction. Pictures, videos and written timelines can be submitted to validate the complaints upon request.
If you are unable to provide assistance, can you please provide the contact information of who can be contacted for the assistance in need. Thank you.
A: Sorry to tell you, but “outsiders” giving you advice will not solve your basic problem. The solutions begin with the homeowners. Homeowners who want to be proactive board members to make change. Finding a strong professional management company with community managers who have dealt with similar problems who have helped other associations will be a plus in resolving some of your issues.
As to your crime issues, make an appointment with the police captain for your area. Contact your city or county council representative to discuss your community and its surrounding neighborhood. Contact security companies. Have them visit your community. Find out from them what possible steps can be taken to help control the activity within your community.
Q: I own an investment property in a 20-unit condo community in Incline Village. The budget has been mismanaged for years. It has taken its toll on unit owners, with one special assessment thus far and another one coming. One thing to note is a decent amount of the budget goes toward paying an association attorney to create surveys, send out letters etc., which some of the unit owners as well as myself think should be the job of the management company. When we asked about this during a board meeting, the response we received is that HOA nor board of directors have any insurance and therefore the attorney is used to protect them. Shouldn’t all HOA and board of directors have insurance and what are your thoughts on the constant use of an attorney?
A: Under Nevada Revised Statute 116.3113, associations shall maintain, to the extent reasonably available and subject to reasonable deductibles, the following insurance coverage: property insurance, commercial general liability insurance, crime insurance and directors and officers insurance.
Even if there was no law, your association is walking a thin tight rope. It snows. I slip and fall and injure myself. I file a claim against the association for the mismanagement of the homeowners funds. The fact that your attorney writes letters does not protect your board nor your members from personal injury claims nor issues such as mismanagement, which is generally covered under directors and officers insurance.
Quite frankly, your attorney should have advised your board to obtain proper insurance coverage for your association.
Barbara Holland is an author and educator on real estate management. Questions may be sent to firstname.lastname@example.org.