weather icon Clear

Law says homeowner can receive HOA payment plan

Q: I fell behind on my homeowners association (assessments because of) being sick with COVID-19 in late July. I reached out to one of the board members, stating I’m aware that I’m behind. I explained the situation and that I am trying to catch up.

(On) Aug. 19, I paid June’s dues. On Sept. 4, I went to submit another payment. I cannot access my account. On Sept. 6, I received a letter stating I am 60 days late and that I owe $752; $152 of that is for a letter informing me I’m delinquent, plus 75 late fees.

I called and explained the situation again and asked why they are charging me for a letter telling me I’m late when I’m the one who brought it to their attention?

Either I pay $752 in 14 days or they are going to put a lien on my property, which I paid cash for three years ago. I wanted to go to the office and pay September’s (bill) with my debit card and July/August (bill) with my credit card. They don’t (accept) those forms of payment.

I asked if I could write a check for September’s dues, and if they can unlock my account so I could submit July/August with my credit card. (They said) until my account is paid in full they will not unlock anything. To me they are being unreasonable and unwilling to work with me even with proof of being sick with COVID-19. Is there anything I can do, or someone to report this?

A: If your account is locked, it probably means that your account is with the collection agency. Please contact the management company again and ask to speak with the community manager or regional manager who oversees your community. You should be able to find out if your account is with collections.

Once you have that information, you should send a formal request to meet with the board to ask for a payment plan (which you are entitled to under state law) and ask for them to waive the late fees, which is up to the board’s discretion.

Q: Our covenants, conditions and restrictions stipulate that our community is an 55-plus-restricted community. However, it also states that a person under 55 but over 19 may reside within the community. My question is: Is this an Nevada Revised Statutes mandate? If it is not, then the CC&Rs can be amended to remove this stipulation?

I’m having difficulties getting an accurate response and I’m totally confident you can help me out with this.

A: It is not an NRS 116 issue. If you check, it is most likely a restriction with the federal government for a 55-plus age community. I do not believe that you can remove this stipulation without jeopardizing your age-restricted community.

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.
HOA management company charges ARC fee

As to your first question: A number of management companies are now charging an architectural fee.

Homeowner disagrees with HOA parking policy

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.

Community to complete landscaping project over three years

The project pertained to palm trees in the community. After receiving the proposal from the current landscaper, the board decided to have this landscape project spread out over a three-year period. In essence, dividing the landscape into three sections. One section would be done each year until the project was completed. The work would be performed by the current landscape contractor. The board had some reservations about spreading the work over the three-year period.

Black or white? Can HOA determine fence color?

The fact that the developer and or previous boards granted the variances does not necessarily negate the current and future boards from properly enforcing the association’s governing documents.

HOA cracking down on roommate rules

The question becomes, at what point is a roommate, a tenant? Do you have a lease agreement with your friend? To an association board, once there is a lease agreement, you have a tenant living with you regardless of your friendship.

HOA underfunded; walkway in state of disrepair

The Ombudsman Office can deal with the underfunded reserve issue at your association, which they have direct authorization to investigate. They maybe able to assist you as to the condition of your walkway.

Short-term rentals allowed in most areas of Vegas Valley

We have a new state law pertaining to short-term rentals (AB 363). This law pertains to Clark County, cities of Las Vegas, North Las Vegas and Henderson. The law requires these local governments to adopt ordinances allowing short-term rentals where there is none currently or where there is a prohibition on short-term rentals.

Management company did not pay HOA water bills

From April 2, 2020 to Oct. 5, 2020, the water bills for our homeowners association were not paid by our management company, which resulted in late fees.

State law does include HOA election results deadline

The simple answer is that no legislator has introduced such legislation as to the sending of the results of the election within a time frame and with notating the total counts of the election. It should be noted that many associations do include the counts in their annual minutes.

Tenant allows homeless people to live in storage shed

You need to send a violation letter to the owner of the unit. You may have to go the distance to the point of weekly fines for non-compliance. This kind of violation involves health issues, and the non-payment of a health, welfare and safety violations can result in your association foreclosing on this unit.