84°F
weather icon Clear

Condo owner complains of being harassed by renter

Q: I would like to ask for your insight. In our condominium complex we have units owned by out-of-state investors, What are my rights when it comes to dealing with aggressive, threatening behavior from tenants. I have been verbally threatened once by the current tenant living in my building and I called the police. The police thought of it as a freedom of speech since there was no report done. I went to the police station to request a copy and there were no reports. All I have is the police officer’s name.

I spoke to a board member regarding activity with bringing in people inside the renter’s unit. He’s a photographer by trade but he denies making money off the people. I was worried that our association could get in trouble. Our covenants, conditions and restrictions prohibit activity serving or involving the traffic of people. Of course, the tenant will deny any wrongdoing and as a matter of fact threatening me for mentioning something to the association.

I do not know what type of notice or violation was sent to the renter. Do I have any right to know what the association sent to the landlord/tenant?

One very important thing to note, the investor-owner in the past (through his property management company) has rented to high-traffic drug users (prior to passing medical/recreational marijuana), tenants running on treadmill every night, vandalism of property (spitting on pavement in front of my unit and spitting on my car) All tenants remained in the unit for the duration of their leases. All these occurred in one unit in my building, including the current tenant who threatened me.

I sent an email Friday afternoon to the management company of our homeowners association, which I have not received any response yet.

I have lived in the condo for 10 years and have never missed a payment of our HOA dues.

A: You have to contact the police department at the time of the incidents. When meeting with the police officer let the officer know that you want to file a formal complaint and that you would like some report from him or her. Filing a complaint will most likely require you to go to one of the police stations. Find out which one from the police officer.

In addition, the association can send the unit owner a violation notice per Nevada Revised Statute 116.31184, which states the following:

1. “… a unit’s owner or a guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person who is … another unit’s owner in his or her common-interest community or a guest or tenant of a unit’s owner in his or her common-interest community which:

(a) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or

(b) Creates a hostile environment for that person.

2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

Please also note that threats and harassment are prohibited by law and is considered a misdemeanor. Often homeowners do not take any action because of their concerns that the tenant (s) or homeowner (s) will retaliate. This is not an easy decision to take action against another resident as you just don’t know the possible repercussions.

Q: We live in a condominium complex with a HOA. We have a guest at a neighbor’s condo with an expired registration sticker on their car. The guest was issued a 48-hour notice or their car would be towed. Before the 48 hours,the tenant claims the guest is now living with her. The HOA s now giving them 60 days until they tow the car. The car now has no license plate at all on it. Does this change the situation? Does the 60 days still apply?

A: Here is what the current law states:

Senate Bill 320 pertains to the subject of the towing of unregistered vehicles. This law pertains to condominiums and town houses that have a common parking area, regardless of whether there is assigned parking. The association may not tow a vehicle if the vehicle is owned or operated by a resident and where the registration has not expired passed 60 days or more. Please note, the association may tow the unregistered vehicle if the vehicle is owned or operated by a non-resident upon verification of the non-resident status.

In your case, the association could have towed the vehicle since there was no license plate and assuming that a current license plate is required in the association’s rules and regulations.

The association appears to be giving the resident’s guest a break.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.

Don't miss the big stories. Like us on Facebook.
THE LATEST
Homeowner says HOA towed his car illegally

Most CCRs list the powers and authority of the board of directors, one of which is to sign contracts on behalf of the association. Although you did not send me a copy of the covenants, it would be most unusual if the association board did not have the right to sign a contract with a towing company. The covenants would not list what contracts can or cannot be signed. The ability to tow a vehicle in 2018 was most likely legal.

Tips on selling your home in the fall

For sellers wanting to close before the holiday festivities begin, below are five tips from real estate company, Opendoor, to help sell homes faster.

Neighbor wants owner to clean up tenant’s trash

If the association does remove the trash, the unit owner can be assessed all of the expenses that were incurred by the association. It also can place a lien on the unit if the owner fails to reimburse the association. In addition, the association can begin a foreclosure action against the unit owner.

Loud garge noise disturbing neighbors

Try contacting the owner one more time and invite him to meet with you at the community so that he can witness the noise. Arrange for some maintenance technician to be present for their suggestion as to how to remedy the problem and the cost.

Grandfathered rentals in HOA protected by law

If your CCRs did not prohibit renting or leasing at the time you purchased your rental homes the association cannot prohibit the renting or leasing of homes.

Don’t park in the handicap spot

Yes, you were wrong. And, no the association does not by law have to provide you any notice for parking in a handicap spot per NRS 116.3102 (1s).

Southern Nevada Health District implements pool regulations

As you are already aware, the new Southern Nevada Health District regulations went into effect July 1. At first the cyanuric acid level (stabilized chlorine) regulation was going to stay the same at 100 ppm, meaning the body of water would have to be drained and refilled as it always has been.

Variety of homeownership programs available

In what’s being called a game-changer in increasing homeownership rates in Las Vegas, Bank of America has included Southern Nevada in a new loan program to provide free down payment assistance to homebuyers.

HOA board member must follow pet rule like everyone else

Your officers and directors are homeowners. They have the same obligations and the same responsibilities in complying with the governing documents of the association. In this case, the management company should be sending a violation letter to the vice president.