80°F
weather icon Partly Cloudy

Homeowners unhappy about landscaping company

Updated March 28, 2022 - 11:09 am

Q: Some of our unit owners are unhappy with our landscaping company — a common complaint in condo homeowners associations. They want more more workers on-site, though many owners don’t want higher dues. Some owners want access to proposals for landscape contracts before the contracts are executed.

Do unit owners outside the board of directors have the right to view contract proposals or bids? What about RFPs (requests for proposals)? Should non-board members have input on proposals and contracts, or are these matters solely the responsibility of the board and the management company?

A: The association board of directors have the authority to request bids and or proposals, review the bids at an open board meeting and select the vendor without homeowner review for approval.

Homeowners do have the right to request in writing a copy of the signed contracts. Since the proposals are association records, a homeowner could request a copy of them as well.

Many associations have standing committees or task forces that allow homeowners to participate in the selection process under the guidelines set by the board, as in interviewing companies and their services. These committees can make recommendations but realize the final decision remains with the board.

Q: Upon a closer review of our association’s bylaws I found that a copy of the agenda must be given out with the notice of an upcoming board meeting. My question is: Must the association comply with this or can it use Nevada Revised Statute 116.31083.5 to provide an agenda at a date closer to the meeting date.

Section 4.16 notice of meetings of board:

It shall be the duty of the secretary to send a notice of each meeting of the board to each director and each member of record. The notice shall be hand-delivered or sent by United States mail, postage prepaid to the lot address of the member or to other mailing address designated by the member, at least 10 days prior to the meeting. In an emergency, the secretary shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the lot address of each member or to any other mailing address designated by the member. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each lot within the project or posted in a prominent place or places within the common elements of the project. The notice shall state the purpose of the meeting as well as the day, hour and place that the meeting is to be held and must include a copy of the agenda. Except for civil actions commenced by the association to (a) enforce the payment of assessments, (b) enforce the declaration, bylaws or rules and regulations of the association, ( c) proceed with a counterclaim, or ( d) protect the health, safety and welfare of the members of the association, notice of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or at which action on an assessment is to be taken must be given.

A: In this case, your governing documents would supersede the NRS 116 statute.

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

Don't miss the big stories. Like us on Facebook.
THE LATEST
HOA won’t do anything about ‘Addams Family’ house

I live across the street from people who live in chaos. 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.

HOA cannot fine renter for license plate display

If the renter has a current license plate that is lying on the inside window dash, the vehicle would have been properly registered. The association could not fine the renter because the license plate is not on the vehicle.

Frequent condo false fire alarm sets off neighbors

If you can find the name of the alarm company for that house, you could contact them and ask for assistance. They most likely can disconnect the alarm.

HOA needs to find a way to maintain elevators in condo community

What happened to your reserves? Elevators would be covered under a reserve study, allowing the association to fund for their replacement and or repair. Your association should have been funding this expenditure since 1984.

Communities can get reputation for being difficult, unstable

If the general manager is an employee of the association, under NRS 116.31175 (4a), an owner is entitled to the number of hours worked, salaries and benefits. Those are the only records that the association is required to provide to a homeowner concerning the association’s employees.

HOA unsure how to deal with ‘Let’s go Brandon’ sign

Q: I am the president of a very small homeowners association community. We have a resident who has placed a “Let’s go Brandon” sign in their front window.

Homeowner wants HOA to charge investors for tenant problems

Unless your CCRs has a section that allows higher monthly association fees on owners who violate regulations, you would not be able to increase the investors a higher fee.

Police respond to tenant causing disturbance in community

The association cannot evict the tenant but could issue a violation letter that would be sent to the unit owner. Owners are responsible for the actions of their tenants and guests. If the disturbance was serious enough, a health, safety welfare violation could be issued.