October 5, 2020 - 8:12 am
Q: First and foremost, thank you for the article in the Review-Journal answering questions regarding political signs. I have a follow-up question in regard to a situation with a homeowners association here in town.
The HOA is trying to restrict the political sign’s location to inside the window of the property only, and not allowing yard signs, or flags on a pole. Do you happen to know if they are able to restrict such locations? Thanks again, and have a great week!
A: Besides the issue of opening or not opening up the pools, the displaying of political signs has been a hot topic for homeowners and board members.
The particular law is Nevada Revised Statute 116.325. The way that I am reading the law, I do not believe the association can restrict a homeowner from placing a political sign in the yard.
As to flying a political sign on a flag pole, NRS 116.325 is specific as to the size of the sign. In addition, nowhere does this law address flying a political sign.
In addition, under NRS 116.320, the only flags that are protected by the state law is the American flag and the state of Nevada flag. As to flying a political flag on a flag pole, my interpretation of the law is that the association can deny the homeowner.
Q: I was reading your story about the neighbors’ solar panels and I have the same problem. I’ve contacted too many people and I can’t get anywhere. My neighbor installed solar panels to his house. They are about 10 feet lower than mine and have different elevations. Now, I have his solar panels in my rear backyard where I can’t even sit and enjoy my backyard anymore. Can you please help or lead me in the right direction?
A: I wish I could provide you with good news, but if the neighbor received approval from the architectural committee and or board of directors, your neighbor has the legal right to install the solar panels subject to any NRS restrictions.
Q: I live in a 2-year-old, 55-and-over HOA community in Henderson with 68 homes. We have a pool, Jacuzzi, small gym and community center. We do not have posted rules for children at the pool. There are only two board members. The treasurer became the secretary and treasurer. We should have three people but no one else came forward.
HOA rules state in our covenants, conditions and restrictions that children are allowed at the pool from 9-11 a.m. However, people are breaking the rules and coming any time of day. Unfortunately, only homeowners are overseeing this as there is no paid staff in the clubhouse.
Owners do not know what to do as the management company simply follows the word of the board. Obviously, the board does not want to follow the rules since they have grandchildren and want to break the rules. We feel we have no recourse since the management company and board are reckless with these rules. Please advise as to what the homeowners can do. We want rules for all people to follow with no exceptions. Thank you for your attention.
A: You and those homeowners who agree with you should attend the next board meeting. At the second homeowner forum, these members must address their concerns with the board. If necessary, you can file a complaint with the Nevada Real Estate Division.
One comment that I need to make is to remind association boards and directors that if your association is not designated as a senior community, then you would not be allowed to impose restrictions on children.
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 firstname.lastname@example.org.