HOA boards can collect information on tenants

Q: Our members just received a revised resolution, which changed the tenant registration policy form to a community occupancy form. The cover letter states: “Every lot owner or authorized person must prepare the form no matter how long they have owned their property, and must be returned within 21 days of receipt, failing to return can result in a notice.”

The form identifies a barrage of covenants, conditions and restrictions, restated bylaws and Nevada Revised Statutes references that have nothing to do with the subject matter before stating the following: “… authorizes BOD with policy and rule-making authority and shall have the power to enforce compliance by all legal and equitable remedies, and whose obligation is to know the identities of all persons living in the community and the identities of vehicles belonging to residents …”

This is followed with, “as required by law” and identifies one CC&R reference and one bylaw reference, and again, they have nothing to do with this topic. In addition, there is nothing in our CC&R’s that addresses this issue. The form was on the agenda at our January meeting and apparently the board voted on it. Many of the owners have asked me why we did not have to vote on this issue. Is a membership vote required?

A: You did not submit a copy of the community occupancy form. In responding, (based upon many occupancy forms I have seen) several associations have a form that is mailed to the homeowners, often once a year to ensure they have the current contact information. There are many benefits for having such a form, including when an association needs to contact the residents of the home to inform them of emergencies. The ability to contact a resident by cellphone or email can be very important when a home has been broken into during the day or when water is leaking from the home.

Many such forms include names and contact information in case of emergencies for when an association may need to contact people. There have been countless times when a community manager is seeking the next of kin.

If the home is being rented or leased, such forms would contain the name and contact information of the property management company, which allows the association’s management company to contact the homeowner’s representative concerning their tenants or their property.

In enforcing parking regulations, an association has an opportunity of sending a courtesy letter to the owner as opposed to just tagging and having a vehicle towed. This form would provide vehicle information that can help an association manger properly identify the homeowner or the resident so that notification came be made to vehicle’s owner.

Some associations ask the residents to include information pertaining to pets. Unfortunately, there have been cases in which unleashed pets, especially dogs, have harmed other residents and often the owner of the dog is unknown. This tracking also serves as a way for residents or the management company to locate the owners of lost pets.

When an association wants to establish a new rule or regulation, there are two basic requirements. The first is that the rule or regulation is consistent with the CC&Rs and bylaws; and second, the rule or policy to be voted upon is placed on the meeting agenda. Once the rule or policy has been passed, the association is required to distribute information to the membership. Enforcement of the new rule or policy can take place from the date of the mailing. This particular issue would normally not be one that would require membership vote.

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