59°F
weather icon Partly Cloudy

HOA has no authority to evict problem renter from home

Q: Many thanks for your contribution of educating residents and board members of homeowners associations.

My question is: We have a problem tenant (a renter) in an upper unit who has created issues for the lower unit. The person living in the lower unit has called the police many times, and tenants in the upper unit have stopped answering the doors, producing no police response.

The HOA board has called the owner to a hearing on these many calls to police, of which the board has fined the owner $150 per week. The owner has paid the last fine of $100 a month for the same violation. The owner seems to be dragging his feet on this issue; any suggestions of getting these tenants out of the property?

A: Unfortunately, other than fining the homeowner, the association has no eviction authority to remove the tenant from the community.

Q: In my community we have a Residents Advisory Committee meeting once a month where the residents get to talk about the deficiencies in the community.

I am being told that the regular HOA board at the next regular board meeting will be voting to change this vital meeting to every three months. The board is made up of five board members: three homebuilders and two community members.

I am against the change because it doesn’t serve the homeowners’ ability to get a message to the regular board in a timely matter. The Residents Advisory Committee relays concerns of what needs attention.

I feel this new move only serves the builders who don’t want complaints. So, many of us homeowners don’t want (to wait three months to meet). Shouldn’t they ask the homeowners to vote on the change? How can I prevent them from passing this motion?

A: Your concerns pertaining to the proposed change should be strongly voiced at the first homeowner forum. In addition, you should have other homeowners to voice their concerns, too. In answer to your question only homeowner persuasion can prevent the change as this is a board decision.

Q: I really enjoy reading your column in the R-J!

We have been in our new home for about 18 months, now, and all of the homes in our neighborhood have been completed, sold and are now occupied. There are only 27 homes in our development, and we love it!

We travel to the community management company’s office for our HOA meetings. They have been great to help us. Now, it is time to turn everything over to the homeowners.

Some of the neighbors would now like to meet in one of our homes. We usually have about 15 people show up for the meetings, and most of our homes are large enough to accommodate.

Here’s my question: Are we allowed to hold HOA meetings in one of our homes? First of all, is it legal? And if it is in keeping with the rules, do you think it is a good idea?

A: There is no law preventing an association meeting from being held in one of the homeowners’ residence.

You just have to make sure that everyone receives the notification of the meeting and where the meeting will be held.

Is it a good idea? It can be a good idea especially with smaller associations like yours but, unfortunately, there sometimes comes a time when a meeting can become unruly. As a homeowner, it’s my home and I would not want an altercation.

Barbara Holland is a certified property manager (CPM) 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
Homeowner says HOA president is ‘off the rails’

Decisions that impact the association need to be approved by the board of directors. Your board needs to discuss protocol with the president and each director.

Experts bullish on Las Vegas housing market

Groundbreaking ceremonies were held Wednesday at Lake Las Vegas for a resort-style clubhouse that will serve Del Webb’s first age-qualified community in the valley in more than a decade. Analysts said it’s a further sign of the strength in the 2020 new home market. Del Webb, part of the Pulte Group, will open Del Webb Lake Las Vegas and a community in North Las Vegas early this year.

No one wants to be on the HOA Architectural Review Committee

Yes. Unfortunately, this is a common problem for many associations in finding volunteers, especially homeowners who have experience in reviewing architectural requests.

Homeowners deserve explanation why HOA did not follow reserve study

If your association is not funding the reserves as recommended by the reserve specialist, the association would need to develop a funding plan designed in an actuarially sound manner which will ensure that sufficient money is available when the association is obligated to maintain, repair, replacement and restoration of the major components.

REAL ESTATE BRIEFS: DEC. 28

Cox Communications announced it is entering into a partnership with Henderson to pilot its smart technology in the city’s Water Street District Innovation Corridor.

Five holiday season tips for homeowners

CAMCO homeowners association management has some suggestions for homeowners to make the holidays more joyful and safe.

HOA should have given 48-hour notice before towing truck

Yes, you should have received some 48-hour notice prior to the truck being towed. As to the six citations that the association claims on the truck, you have the right to receive copies of the citations and meet with the community manager. If the citations are not valid, you do have the right to seek reimbursement for the towing charges.

HOA rules still in effect; board can be recalled

Removal of board members fall under Nevada Revised Statute 116.31036 (2). A removal election may be called by the homeowners constituting at least 10 percent or any lower percentage specified in the bylaws of the total number of voting members of the association.

Conference to address decline of black homeownership

A national organization of real estate professionals is coming to Las Vegas in February to “declare war on the decline of black homeownership” and given the rates in Southern Nevada, it will be the perfect locale to spread that message.

Homeowner concerned about SWAT team in community

The association should be enforcing its regulations in addition to what actions the city of Henderson may take.