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Homeowners association has power to fine fighters

Q: I live in a townhouse community. There is a home where the residents nearly daily get into extremely loud, screaming fights. Police have been called more than a few times. Numerous complaints have been filed to the homeowners association, but nothing seems to be getting done. A director says that after they get a letter they are apologetic and say they won’t do it any more, but nothing changes. Does the HOA, have any power to fine over continuing behavior even if they are apologetic and say they won’t do it again? They are near the pool, and I know people are leaving with the kids because of it.

A: Yes, the association has the right to assess a fine to the owner of the unit. That may not help but at least it would be a start.

Q: The HOA replied to our letter and they said that our issue would need to be worked out with the neighbor directly. So they are no help. Based on your earlier reply, what, if any, is there a legal precedent for your suggestion that we could give our neighbor proper time to trim the tree or we would be able to trim it even with our property line?

A: Under Nevada Revised Statutes 40.160, it is legal for a property owner to trim encroaching trees. A property owner may trim trees that are invading their property up to the property line. Send a registered, as well as a regular, mail to the owner and let the owner know you plan to trim trees on your side of the property line. In the letter, give the owner 15 days to trim his trees before you trim them. You can quote the NRS statute.

Q: How legally binding are the covenants, conditions and restrictions that a homeowner signs when purchasing a property with an HOA? Can it just be ignored when following the rules and regulations that have been set? When I asked my HOA they couldn’t answer my question.

Also, what is the law for handicapped parking in a private community? We have a person/persons parking in the handicapped parking (with a placard) everyday and they take up all the handicapped parking. There are times when they do not move the vehicles at all for days. (I ask because where I am from, it is illegal to park in a handicapped stall if you are there to conduct business with the private owners of the parking lot).

A: The deed to your home is subject to the CC&Rs of your association. They are very much the binding covenants of your association. When you purchase a home within an association, you have agreed to abide by the terms and conditions of the CC&RS, which are superior to your rules and regulations.

You did not provide specific information as to the parking layout of the association. If the parking of vehicles is laid out in parking lots, does the association have any regulations that the parking spaces are not meant to be permanent spaces, such as a personal garage, where an owner has the option to move or not move their vehicle?

If so, regardless of whether a vehicle has not moved for some period of time, be it in a nonhandicapped parking space or handicapped parking, the association would have the option of informing the owner they are not allowed to use the common area handicapped space as their private space.

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

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