Q: We are having some issues with drones. Can you provide any possible regulations for my homeowners association to consider?
A: Each association should review its covenants, conditions and restrictions. For example, many associations’ covenants includes language to the effect that any activity with unreasonable levels of sound, which creates noise or other conditions that disturb the peace, quiet, safety of the community would result in a violation. This covenant would allow the association to create a more specific regulation as it pertains to drones.
Some possible rules:
■ The operation on, over or upon the association’s common area would constitute a violation.
■ If homeowners or residents violate this rule a second time, the association may bring a trespass action against them.
■ Any damage to a unit or to the common area that is caused by the operation of a drone should be exclusively assessed against the homeowner. As with any proposed new rule or regulation, contact your association’s legal counsel.
Q: I live in a HOA in the northwest valley. The board has held positions for over 10 years. Others have tried to run for positions, but with no success. Once the ballots are sent out by our management company, board members visit homeowners and ask them to vote for certain candidates. They also offer to take their completed ballots and turn them in on Election Day. We have approximately 72 homeowners. More than half do not participate in the election. Because of this, only 32 to 35 ballots are required to elect board members. Does this violate any Nevada Revised Statutes?
At the present time our CC&Rs do not limit the number of times a board member can serve.
A: There are no term limits in NRS 116 for directors to serve on their boards. If there were term limits, many associations would have a major problem in finding homeowners who want to serve as a director.
As to your board visiting homeowners and asking them to vote for them, that is not against the law, and any candidate running for the board can visit the membership.
As to offering to take completed ballots and turn them in on Election Day, that is a different story. NRS 116.31034 subsection 15f states: “The incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for membership on the executive board may not possess, be given access to or participate in the opening or counting of the secret ballots that are returned to the association before those secret ballots have been opened and counted at a meeting of the association.”
If your board is offering to take homeowners’ ballots, they are violating this state law.
Q: I was recently elected in April as the first resident board member in our new under-construction community. My specific questions are:
1.) Is the builder within its legal rights to begin turning over sections of the community this early in the build cycle?
2.) Is it common practice to conduct turnovers of large portions of the community this early instead of later on, when the community is more than 75 percent built out?
A: NRS 116.31038 pertains to the delivery to the association of property held or controlled by the developer. There is a specific list of information and records that are to be transferred over to the HOA board of directors. As to an inspection of the community, that is when the HOA board would review the development to see if there are any possible repairs the developer should be responsible for correcting.
These “turnovers” have often been a point of dissension between HOA boards and declarants, especially since there are no legal guidelines in the law.
It is not unusual for sections to be turned over to the association as opposed to waiting when 75 percent of the build-outs have occurred.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to firstname.lastname@example.org.