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HOA needs help dealing with problem tenant

Note: Sorry, readers. So many directives and I pulled the wrong one for last week’s column. Gov. Steve Sisolak’s directive towing restrictions have been eliminated as of June 24. Do remember the normal towing restrictions in Nevada Revised Statutes 116.

Q: Since our last correspondence, I have been elected to the board; fired our old management company; converted all the backyards to desert landscaping; and received rebates from the Las Vegas Water District, which exceeded the cost of the project! Everyone’s happy. Now I have a new question.

I have followed your column about renters. I understand the homeowners association cannot evict a renter and must proceed against the owner. We have a problem renter that has received numerous notices of noncompliance and also has threatened workers, board members and management company inspectors. He threatened to shoot one of our board members after accusing him of trespassing on HOA property. The police were called. Anyway, is there any additional measure that the board can take short of sending violation notices to the owner? Especially when police have to be called due to threats. What else can the HOA do to evict a tenant that continues to violate board rules?

A: The association cannot evict the tenant. A formal complaint with the attorney general is warranted especially if he threatened to shoot one of your board members. With the numerous notices of noncompliance and with the recent threat, you should contact your association’s legal counsel to send a letter informing the homeowner that he needs to evict the tenant. The attorney also can add a health, safety or welfare letter pertaining to the threat as it is a violation under NRS 116.31184.

Q: On Dec. 13, an Architectural Review application was submitted for patio cover concrete and landscaping, with pictures of the backyard and $500 deposit. It was approved on March 20. On April 8, the director of my homeowners association called to find out if the project was completed.

She was informed that because of the coronavirus, the man who was hired for the project was unable to start it. I told her she would be informed and updated. The project was completed on May 2. Pictures of the completed work were mailed to HOA on May 29.

When I didn’t hear from the board I called to find out if they received pictures and inquired about my $500 deposit. I was told the board didn’t have them. I reported to the staffer that someone signed for them on June 1. She said she was going to find out who signed for the photos and would be calling me back since she didn’t want to keep me on hold. No one returned my call. On July 1, I called back. I was told to leave a message on the voice mail. No one has returned my call; where do I go from here?

A: Call the association again and speak with the community manager or their supervisor. You may need to write a letter stating all of the facts and enclosing any signed paperwork from the association. The letter should state that you have followed all of the requirements and want to have a time certain of when you can receive your deposit. If you do not receive any responses, you would need to file a small claims action for your deposit.

Q: Can a newly elected HOA member live off the property and still be on the board? They are owners of the unit and rent the unit to their family.

A: There are no residency restrictions to become a member of the board under NRS 116. You will need to check their governing documents to see if there is a residency restriction.

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.

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