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Send us stories of good things your HOA is doing

NOTE: 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. One group formed the Alexis Heights Helping Neighbors Food Share. Since then, the food bank has distributed nearly 11,000 items and has raised nearly $2,000 to help local struggling families.

The group has more than 2,000 items, and will be distributing them to families through June during scheduled distribution days. Any items that are left will be boxed up and taken to the Clark County Food Bank or community groups and churches.

I would like to again remind any homeowners associations that have organized community efforts to do good in the valley, please email me at holland744o@gmail.com. I want to report on the good things HOAs are doing.

Q: Do vacant positions count to establish a quorum? Our HOA should have a seven members on the board, but we currently have three vacant positions. If we do not count the vacant positions, we would need three members to establish a quorum, but if we counted the seven positions, we would need four members. The problem is that one of the current members has Alzheimer’s, so he is not able to be present at the meetings. What options would we have to obtain the quorum? Can the ombudsman authorize us to establish a quorum with three members? We hope that you can guide us and help us find a solution.

A: Check your bylaws. Generally speaking, a quorum would consist of four directors. The ombudsman does not have any authority to change your quorum to three directors. As to the one failing director with Alzheimer’s, I would suggest that you ask that board member to resign so that the board can appoint another director.

Q: I am a newly elected treasurer of our HOA. Yeah!

I have some questions:

Do you have a book on HOA procedures?

Can rental units be curtailed under the umbrella of an HOA?

A: The Community Associations Institute (CAI) offers a number of educational classes (offered both on a national and local chapter level here in Las Vegas). CAI Press has both digital and hard copy books for sale, from the board member tool kit to how to draft a budget. Go online and contact them at Caionline.org.

As far as rentals being under the jurisdiction of an association, the answer is yes. Rules and regulations apply to the tenants living within your community. Check your covenants, conditions and restrictions and your rules and regulations.

Q: Nevada Revised Statute 116 refers to the word “unit” in several places, but it is hard to determine if it refers to a physical structure (home) or the land/property (with or without a home) in the development. So, what does the work unit represent?

A: Generally speaking, the covenants of the association would include under its definition section as to what constitutes a unit. It could be the physical structure of a single-family home or that of a condominium residence. As to land, it again depends on the governing documents and if the land has been annexed as part of the association, being classified as a lot or unit.

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.

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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.

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?

HOA community gate damaged car

I have lived in (a group of) town homes group (with) 117 units in Henderson. (It) has a gate with a sign reading: “Association not responsible for damage by gate to vehicle.”

HOA says garage cannot be used as gym

Many associations have specific regulations that the garage is to be use solely for residents’ vehicles. This is especially true where parking is limited in the common area

Yes, HOA’s can be sued that’s why they carry insurance

Yes, associations can be sued, which is why associations carry multiple kinds of insurance. In your case, the lawsuit should be forwarded to the insurance company who provides the directors and officers insurance policy.