74°F
weather icon Clear

Several reasons why HOA would delay in opening entry gate

Q: I was party to a recent discussion about a friend’s homeowners association meeting procedures and unresolved issues at (a community) in Las Vegas.

During a recent HOA Zoom meeting, a question was asked about an entry gate, which was severely damaged by a car. It has been several weeks and the gate is still unrepaired and propped open allowing access to anyone 24 hours a day, making residents uncomfortable because they are paying for a secured property.

Inquiries have been made to the board, but have gone unanswered, and the management company cannot be reached. There have also been complaints about how the board manages the community in general, one of which is that at some meetings only two board members are present and rules are voted on and passed by the two members. Aside from attempting to vote the board out, is there an agency to contact about the board and management company’s mishandling and failure to respond to problems and inquiries?

In the recount of the meeting, it was also noted that one of the attendees was a renter, who was eventually cut off along with another owner after they brought up questions about the gate and other items. I stated that HOA meetings are only for owners, not renters. Another person said that the renter is a resident and therefore allowed to participate in the meetings. What is a general policy for renters and HOA meetings?

A: Starting with your easiest question: It is a board’s decision of whether it wants a renter to attend a board meeting or a homeowners meeting. Remember, renters are not members of the association.

The fact that the gate is still not repaired does not surprise me. There could be many reasons, from the availability of parts to unresolved issues between the insurance companies that represent the association and the car’s owner. What the board should be doing is to at least inform the homeowners why there is a delay.

There is a difference between how a board manages its association versus a board that ignores and violates its covenants, conditions and restrictions and Nevada Revised Statute 116. You may not like how the board manages the association, but that does not mean that the board is violating its governing documents or state laws.

Let’s take as an example a board that decided there was too much liability in opening up the swimming pool last year because of the pandemic restrictions and requirements. You may not have liked that managerial decision, but that decision would not necessarily be in violation of any laws.

In this case, the homeowners could recall the board, as state law does not require any reason to recall. The homeowners could elect new board members at their next election.

If the management of the association appears to be in violation of the laws — misappropriation of funds, for example — you would want to contact the Nevada Real Estate Division to file a formal complaint.

You did not state if the association was a three-person board or more? If the board only had two board members, while there should be three, the two board members would constitute a quorum, which would allow them to conduct board business.

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
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.

HOA president says owner’s behavior is harassment

Based upon the information in your email, it’s time for the board to contact their legal counsel to send a letter to this homeowner Nevada Revised Statutes 116.31184 pertains to threats, harassment and other conduct that is prohibited.

Animal Control needs to be notified of dog attacks

Dogs attacks are very serious. The first step that you need to do is to contact Animal Control right away. Do not delay any further. If this is a dangerous dog and it appears from your email to me that the dog is dangerous, only Animal Control can have the most immediate impact by removing the dog.

HOA will likely have to pay to repair perimeter wall

Q: We noticed the outside of our wall, which is on a corner lot, to be cracked. On further inspection, the wall moves from above. We found you in a Google search. The first search to pop up was an article dated Jan. 31, 2009: “HOA bill to address maintenance of Security Walls within communities.” The home was built in 2004. We bought the home in 2015. Was a bill passed that would make the homeowners association responsible for the wall?

New state laws affect HOA fees and water use

This week, I have invited local attorneys Gregory P. Kerr and Michael T. Schulman of Wolf, Rifkin, Shapiro, Schulman Rabkin to explain new laws that will affect Las Vegas communities and the state’s homeowners associations. This the last column in a three-part series that takes an in-depth look at the new laws.

Poorly conceived SB 186 will cost unit owners money

SB 186 is awful. Truly, it is the worst bill affecting common-interest communities the industry has seen in a while. This legislation will cost unit owners money. It is a bill that is poorly conceived and disregards mutual interests that are shared by both unit owners and associations.