weather icon Clear

Loud garge noise disturbing neighbors

Q: I am a vivid follower of your weekly article, which I (find) very informative and very educational. (I) have not missed it since I discovered it two years ago. Since we moved into our fourplex condo in 2012, we have had an issue (with the sound of our neighbor’s garage door opening.) It’s a “hard” sound (that wakes us up) whenever the tenant opens the door. In 2016, after suffering in living there for almost four years of patience, and avoiding any animosities with our neighbors, we decided to write the unit owner through his tenant and copied the homeowners association president and management company. (It just fell) on deaf ear.

After almost another three years passed, I wrote the landlord, but (he was) still uncooperative, claiming that it can’t be prevented due to steel track. This one is different than any others in the fourplex. The grinding can be heard almost anywhere in our condo (we live above the unit). I have a 75-year-old husband that gets awakened with this terrible noise. I’m afraid that it might affect his fragile health condition, for lack of restful sleep.

Barbara, may I request you to give me some remedies to solve this, if there’s any. I can’t get any help from the management company or HOA president.

A: Try contacting the owner one more time and invite him to meet with you at the community so that he can witness the noise. Arrange for some maintenance technician to be present for their suggestion as to how to remedy the problem and the cost.

Can you record the noise from your unit? If so, do that and bring the recording to the attention of your community manager. Many covenants, conditions and restrictions state that homeowners have the right to peaceful and quiet enjoyment of their home. Consequently, the association would have the ability and responsibility to become involved to assist you based upon the peaceful and quiet enjoyment clause.

Q: I just recently discovered your real estate information in the LVRJ.

I have questions on the topic of HOA neglect of duties.

1. I often send photos of the dilapidated state (numerous weeds the landscapers have not removed, broken entry gate, street lights out and asphalt peeling/flaking, etc.) of my community. (These persist) despite a recent HOA fee increase. Do we, as homeowners, have any recourse when the HOA sends the homeowners notices regarding minor items like “paint facia” but they themselves don’t reciprocate and maintain the property themselves?

A: As homeowners, you have the right to vote them out of office at the next election. You also can recall the specific directors, which is a more difficult task. There are two requirements in recalling a director. Per Nevada Revised Statutes 116.31036, to recall a board member requires at least 35 percent of the total number of voting members of the association must cast their ballots in favor of the removal.

To initiate a recall process, you would need a petition signed by at least 10 percent of the membership or any lower percentage specified in the bylaws of your community. Upon receiving and verifying the petition, the association shall cause a special meeting of the membership not less than 15 days and not more than 60 days from the date that the petition is received. Recall ballots would be sent to the homeowners in the same manner as election ballots.

Finally, you could file a complaint with the Nevada Real Estate Division.

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.
Homeowner says HOA towed his car illegally

Most CCRs list the powers and authority of the board of directors, one of which is to sign contracts on behalf of the association. Although you did not send me a copy of the covenants, it would be most unusual if the association board did not have the right to sign a contract with a towing company. The covenants would not list what contracts can or cannot be signed. The ability to tow a vehicle in 2018 was most likely legal.

Tips on selling your home in the fall

For sellers wanting to close before the holiday festivities begin, below are five tips from real estate company, Opendoor, to help sell homes faster.

Neighbor wants owner to clean up tenant’s trash

If the association does remove the trash, the unit owner can be assessed all of the expenses that were incurred by the association. It also can place a lien on the unit if the owner fails to reimburse the association. In addition, the association can begin a foreclosure action against the unit owner.

Grandfathered rentals in HOA protected by law

If your CCRs did not prohibit renting or leasing at the time you purchased your rental homes the association cannot prohibit the renting or leasing of homes.

Don’t park in the handicap spot

Yes, you were wrong. And, no the association does not by law have to provide you any notice for parking in a handicap spot per NRS 116.3102 (1s).

Southern Nevada Health District implements pool regulations

As you are already aware, the new Southern Nevada Health District regulations went into effect July 1. At first the cyanuric acid level (stabilized chlorine) regulation was going to stay the same at 100 ppm, meaning the body of water would have to be drained and refilled as it always has been.

Variety of homeownership programs available

In what’s being called a game-changer in increasing homeownership rates in Las Vegas, Bank of America has included Southern Nevada in a new loan program to provide free down payment assistance to homebuyers.

HOA board member must follow pet rule like everyone else

Your officers and directors are homeowners. They have the same obligations and the same responsibilities in complying with the governing documents of the association. In this case, the management company should be sending a violation letter to the vice president.