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Barbara Holland

Homeowners get HOA fine without notification

By Barbara Holland RJRealEstate.Vegas
October 13, 2023 - 4:43 pm
 

Q: I have a problem with my homeowners association, and I don’t know where to ask for advice. It has been two and a half years since I moved into the community, and I have never lived in HOA community before.

There are 190 houses in our community, and there are a lot of issues and lawsuits with the HOA. So, it seems like not everyone is happy in this community.

Our main issue is that my husband signed the recall for the HOA board president as soon as we moved in because my neighbor had issues, and we signed it. I think we have been blacklisted ever since.

The main problem that recently occurred is that we were fined by HOA.

One is that I put construction materials on the street in front of my house for just a day (we moved it next the day). The HOA knew we were working on the pool but gave us a $100 ticket without giving us any notice. The another issue is refusing our delivery of materials at the main gate without giving us any reason. My husband went to the main gate to find out why, but the guide ignored him and left. My husband followed her and tried to asked her, but she continued to ignore him and gave no answer. Few weeks later we got another ticket $600 for harassing .

I do not know the gate guard had the right to refuse our delivery. Who makes a decision to give a fine for this?

A: Your association should have sent you a courtesy/warning letter that you were in violation. Before assessing a fine on your account, your association should have sent you a hearing notice. You can appeal their decision. You should ask the association to waive the fine. Contact the community manager to find out why you were fined without a hearing.

As to your deliveries, unless you did not have architectural approval for the work being done or the delivery was during prohibited hours, you would have to address this issue with the community manager or with the board during the second homeowner forum.

Q: My front door is recessed on the side of the house. It is not visible from the street. Can my HOA, stop me from putting one in?

A: You would need to check your architectural regulations to see if the door is allowed. In addition, you would need to provide your association with a completed architectural request prior to taking any action.

Q: I read in the Las Vegas Review-Journal in regards to Nevada Revised Statute 116.330, which pertains to the right of homeowners to install or maintain “drought-tolerant’ landscape.

I have a similar situation where I went through great pains to make my front yard as drought resistant as possible. Even to the point of re-engineering my entire lot to flow rain water through a series of granite, Arizona River rocks, and an extreme amount of pavers, situated to allow rain water to the side of my home to be directed down on through to the front of my home to flow through the rain gutter then out to the irrigation path made solely from river and lava rocks. In July of 2022 I went through all the proper procedures with the HOA; however, they stopped being our HOA for unknown reasons and basically left the issue hanging. Now, it’s been 15 months later and the new HOA is harassing me about it not being allowed. Now, I have to attend a board meeting. Who does that? Please if there is any advice I can solicit it would be greatly appreciated.

A: Under NRS 116.330 (1), the board shall not and the governing documents must not prohibit an owner from installing or maintaining drought tolerant landscaping in areas that the owner has the right to occupy, including, without limitation, the front and backyards.

You are required to submit a detailed description or plan for architectural review by the board. Under NRS 116.330, the provisions of this law must be construed liberally in favor of effectuating the purpose of encouraging the use of drought-tolerant landscaping. The board shall not and the governing documents must not unreasonably deny or withhold approval for the installation of drought-tolerant landscaping or unreasonably determine that the drought-tolerant landscaping is not compatible with the style of the community.

Barbara Holland, CPM is an author, educator, expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.

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