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Homeowner disagrees with HOA parking policy

Updated December 1, 2021 - 3:01 pm

Q: Due to the recent increase in rent across the valley, my son and his girlfriend have temporarily moved in with us. The homeowners association just sent me a violation letter concerning their parking on the street in front of my house. This an ungated public street (cul-de-sac) and is maintained by the city.

Over the past seven years I’ve parked on the street many times, and so have many of my neighbors. Some park on the street on a daily basis. The HOA cites violation of the covenants, conditions and restrictions and/or the rules and regulations and/or architectural standards and guidelines and Nevada Revised Statute 116.31031.

It is my understanding that Nevada passed a law prohibiting regulation of parking on a public street. Can they limit myself or my family from parking in front of my house?

Thank you your consideration.

A: The statute that regulates associations regarding certain roads, streets, alleys or other thoroughfares is NRS 116.350. This law was modified in 2017. Section 2 states that associations can adopt rules that reasonably restrict the parking or storage of recreational vehicles, watercraft, trailers or commercial vehicles. The governing documents of an association may authorize the board to impose a fine for any violation of the rules pursuant to this subsection. Please note, that some commercial vehicles that service utilities or pertain to law enforcement are exempt from this law.

Subsection 1 states that regardless of the association is gated or enclosed, the association shall not regulate any road, street, alleyway or other thoroughfare the right-of-way, which is accepted by the state or local government for dedication as a road, street, alley or thoroughfare for public use.

Q: I have a quick question regarding our homeowners association here in Las Vegas.

Our association has voted to raise our HOA assessment beginning Jan. 1. At the Nov. 10 meeting, the board decided to increase our monthly assessment $34.30. We were told at that time that 51 percent of the ownership of this complex (which totals 571 owners) need to appear in person to disapprove of the increase at the clubhouse on Dec. 16, 2021.

Our clubhouse cannot even hold 50 people, and (because of) COVID restrictions we had requested owners be able to respond virtually via email or phone call.

We just received the notice of this increase from the community manager in the U.S. Postal Service mail. She (The community manager) mentioned nothing about COVID restrictions or the way the owners can respond in the correspondence.

Are the state regulations that state that 51 percent of all our owners must appear in person? Many owners do not live, locally, and have tenants renting their properties, here.

We attended the aforementioned meeting virtually and had a copy of the agenda that was sent out. Nowhere on the agenda notes did it mention the assessment increase, but only a budget review. Many of us feel that this was a little underhanded as no one knew they were going to attempt to raise our HOA fees. Also, she mentioned that she was going to contact the state to see if all the owners could respond, virtually. But the notes from the meeting sent does not mention anything. To many of us homeowners, this seems very unfair as to the short response time allowed to us.

A: Nevada Revised Statute 116.31151 pertains to the annual distribution of the operating and reserve budgets and the approval process. Section 3 states that within 60 days after the adoption of the proposed budget by the board, a summary is to be sent to the homeowners not less than 14 days and not more than 30 days after the mailing of the summaries. Unless at that meeting a majority of the owners or any larger vote specified in the declaration reject the proposed budget, the proposed budget would be ratified.

The law does not specifically provide an alternative to a meeting of the owners.

You should refer to your bylaws and or covenants, conditions and restrictions to see how much an increase can be assessed without homeowner approval by your board.

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

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