68°F
weather icon Clear

Law supports mobile home park caring for community cat

Q: Suddenly, my rather costly mobile home park, which is a homeowners association, has decided to enforce what it says are its rules about dogs and cats. This means most people will have to get rid of their dogs since no dog can weigh more than 20 pounds and live in the park. My question is about community cats, that is, feral cats that live on the property. The management wants to get rid of all community cats and not allow any resident to take care of them.

Chapter 10.06.010 of the Clark County ordinances details the managed care of community cats. Part of the ordinance states:

Except as provided in Section 10.06.060(b), community cat colonies may be permitted, and community cat colony caregivers may maintain and care for community cats by providing food, water, shelter, medical care and other forms of sustenance. Individuals, community cat caregivers, rescue organizations, shelters and the animal control office shall be permitted to carry out TNR (trap, neuter and return) and TNR programs. A cat released in accordance with Chapter 10.06 shall not be considered to be abandoned per Section 10.32.010. Community cat colonies shall be prohibited within one-half mile of or in any conservation area, state or national forest, wetlands or any other lands managed for wildlife. (Ord. 3685 § 1 (part), 2008)

My question is not about a community cat colony, which may be one mother cat and her four kittens, but a single community cat that lives in a HOA, including a mobile home park. Las Vegas, Henderson and unincorporated Clark County interpret this ordinance differently. I live in unincorporated Clark County. Can my mobile home park HOA management forbid a free-roaming community feral cat, which is neither sick or injured, to live on the property? Next, can it forbid the residents to care for a cat like this?

A: My understanding of the law is that the association cannot force a resident from caring for the feral cats or forcing the resident to remove the feral cats from the community. You can contact the local municipality to ascertain their interpretation of the law.

Q: I have read your column for quite some time and never thought I would be writing. Last year, I was elected president of our community in North Las Vegas, and some days I question what have I gotten into.

Wanting to make our neighborhood community better and compliant has really been a chore. Complaints run rampant about the HOA, our board and pretty much all else.

We have several serious delinquencies of fines, and dues; not to mention a huge bill for removing grass from the park and replacing it with rocks, which has made our reserves practically nonexistent.

What happens when we run out of funds? We have had two emergency increases and have gone from $45 to $86 per month. Property owners rent their homes to folks who don’t care about yard upkeep, and the owners will not do anything.

Is there any recourse for the board?

A: No one ever said being a board member was easy, especially in your case. What is needed is a management plan. If you work with a community manager, then you should seek their assistance. The management plan would list a series of objectives — what needs to be done and when.

This association needs to enforce its delinquency policy by initiating foreclosure actions. A collection company can facilitate the foreclosure action. Once the message is received by the homeowners, I think the association will begin to see more funds coming into their accounts.

Second, the association needs to enforce its rules and regulations. Send out the appropriate notices per the collection policy, and if residents are still not compliant, begin assessing fines against their accounts and place liens on their homes.

I would like to think that your association received some financial assistance from the Southern Nevada Water Authority. If the association did not participate in this program, I do not believe the Water Authority will retroactively compensate the association, but the president certainly can ask them.

This association has a difficult path, but it can be turned around. Careful review of its budget, money management and renegotiation of contracts are ways to help strengthen the bottom line. You, as the president, will need support of the full board and will need to build support from your resident homeowners.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She 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 raises funds for Make-A-Wish of Southern Nevada

During this COVID year, our Las Vegas communities have done good things for their residents. I have opened this column up to share those stories with my readers. We have this one for this week:

HOA changes color scheme and it’s a mess

For many associations, the original paint scheme is not available any more. The paint colors simply don’t exist and more “modern” colors have come to replace the older ones. Even if this is the case with your association, there should be some consistency of colors for the residents to prevent the “mixed-match mess-up.

SB 144 dies in committee; other bills could affect HOAs

Great news: Your emails and calls helped to kill Senate Bill 144. Please take the time to thank the Senate Judiciary Committee on SB 144 for listening to our concerns.

Proposed bill could cause financial crisis for HOAs

Are you ready for a major financial crisis for your homeowners association? Well, Senate Bill 144 will make the Great Recession and the COVID-19 pandemic look like child’s play.

HOA pool restrictions expected to relax in May

I expect changes concerning HOA pools to be announced on May 1. I think restrictions will be modified, allowing more use of the facilities by homeowners.

Send us stories of good things your HOA is doing

When the global pandemic hit last year, some communities pulled together to help each other. I decided to talk about their efforts in this column.

State law backs HOA rules on garbage cans

The association has the right to develop rules and regulations. Under Nevada Revised Statutes 116.332 (2), an association may adopt rules that reasonably restrict the manner in which trash containers are stored on the premises. Under subsection 2b, the association can require trash containers be stored in the rear or side yard of the unit, if such locations exist and in such manner that the containers are screened from view from the street, a sidewalk or any adjacent property. My advice you is to comply with the association to avoid being fined.

HOA board says no ribbon driveway without gate

It would have been helpful if you were given a reason so that you would have an opportunity to submit a revised request that could be approved. From what you have sent to me, it appears that you need to include the gate in order for the ribbon driveway to be approved.

HOA finds backyard fence in violation of rules

Q: I have enjoyed reading your column for several years along with the information that you get to share with the readers. I do have several questions that I am sure you will be able to share valuable information on.

HOA community lighting is a matter of security

Does Nevada Revised Statues No. 116 make any reference to a homeowner’s right to install any form of security/safety device on their lot or dwelling?