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HOA should rethink removing its community gate

Q: I enjoy reading your column. Our homeowners’ association community installed an automatic gate several years ago. We have a lot of gate repairs because of reckless drivers and normal wear and tear. These costs add up and so does the gate downtime. When a gate is hit, it stops dead in its track. I thought it has to go back to a full open position per the fire code. What recourse do the homeowners have to deinstall the gate?

A: To remove the automatic gate would require the vote of the board of directors. As much as the gate system can be costly to maintain, you need to ask the question of why the automatic gate system was installed in the first place. To remove the gate now could cause a backlash from homeowners who wanted the gate installed for security reasons.

You are absolutely correct. When the gate is hit, it is supposed to go back to its full open position. Looks like a job for the gate company.

Q: Our association has a president that is using our association funds to pay our landscapers to perform work on non-community property and paying them for that work by way of association funds. The company being used for landscape maintenance is hired as a per-hourly-rate, day-labor entity without a contract or scope of work provided and is under direct control and supervision of the president of the association.

The president has a “pet peeve” about city property that abuts our common area. (People) have witnessed landscape crews doing work on the city-owned property (while they are working) on our community property. To date, we only have an estimate, based on observation, of approximately $300 being charged and paid from association general funds for that non-community work. My question is what do we do to stop this work and recoup association monies spent?

A: You should contact the Nevada Real Estate Division’s Ombudsman Office. Its phone number is 702-486-4033. You can contact the Ombudsman’s Office by email at CICOmbudsman@red.nv.gov.

If your allegations are factual, the Division can take affirmative action against the president.

Q: I just bought a car and haven’t had the chance to register the vehicle yet. I got a 48-hour tow notice placed on the car. I moved it, and a week later I parked in the same spot and it was towed within a couple of hours. Please help me with this.

A: You did not indicate if you had registered this vehicle. You do not state if the registration is with the state of Nevada or with your association. If you did not register your vehicle and you parked it in the same location, then, yes, it would be towed.

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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