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How long do you have to wait on HOA?

Q: How long or how many phone calls should you have to wait before the homeowners association gets back to you. I have made five phone calls, one letter and had one response. He said he had to talk to his boss. Still, have no answer.

A: There are no specific state statutes regulating phone calls. Good business public relations would recommend that phone calls be returned within 24 to 48 hours, depending upon the nature of the phone call. In emergencies, you would expect someone from the management company to respond in a timely manner.

Whatever was the nature of your call, it appears from your email that a third person had to become involved in order to respond to your call.

Even if the issue needed to be brought forward to the board or to the board’s attorney, you should have received a follow-up call indicating the status of your request or issue.

At this point, I would recommend the following: one more phone call or one more letter certified return request and or attend the next board of directors’ meeting and directly address the issue to the board during the second homeowner forum.

Q: I have a question and just don’t know how to proceed. A few months ago we had a high-ranking local politician purchase the home next door to us. Two structures were constructed on the property, in the backyard and side of the home. They are in obvious violation of our HOA rules. I contacted the board and asked whether approval was given on these structures. One is directly in my line of sight from my living room window. There is unfinished plywood on the side that faces my window and pink on the sides that is visible from my backyard. The other structure is in the middle of the backyard and is poorly constructed. The pink structure is bolted to the concrete wall separating our properties and appears to be a potting shed. Since I am not given information on the HOA’s conversation with this homeowner and the homeowner does not speak to us I am wondering what recourse I have in pushing to have this structure removed. It has been there several weeks now and I am expecting to put my home on the market this summer. I am afraid it will affect the pricing of my home. It seems as though this political figure is expecting preferential treatment. We are a bit concerned about repercussions aimed at us if we engage this person in a conflict.

A: A number of years ago, Nevada Revised Statures 116.31175 (4b) was revised. The association cannot release any information pertaining to the architectural plan or specification submitted by a homeowner. It is considered “confidential.” Because of the confidentiality, the association cannot inform you as to what steps they have taken or not taken in order to obtain compliance.

Unfortunately, when a homeowner builds structures that do not meet the architectural standards of the association, it is not a quick-and-easy process to have that homeowner either make the physical adjustments to meet the architectural standards or to remove the structures. In fact, it could take months if the homeowner is not willing to comply with the association’s decision. The association would first have to file for mediation with the Nevada Real Estate Division which is not necessarily the fastest resolution but is the required first step the association must initiate against the offending homeowner.

You could file a complaint with the ombudsman and ask them to investigate. At least, they should be able to tell you that the association is taking the appropriate steps.

Sorry, you may be looking at the structures for some time.

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

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