Q: I have lived in our homeowners association for the past 15 years. As homes have resold, the new owners have become very lax regarding the covenants, conditions and restrictions
CC&R Sec 4.8 stated in part, trash cans must not be visible from neighboring properties except for trash pickup. We have three people in violation on our street. Aside violation letters, can our property management do anything to get them in compliance?
Secondly, our neighbor has the sidewalk in front of his house completely blocked by his truck; which he parks outside and it hangs over the driveway. They also have a basketball hoop, which they keep on the sidewalk permanently (for the past year) for his kids. I can’t find authority in the CC&Rs that blocking the sidewalk is a violation, I was wondering if there was some authority to get him to clear the sidewalk for pedestrian use.
A: There are very specific Nevada Revised Statutes 116 laws that regulate homeowner violations and specific procedures that an association must follow when a homeowner is in violation of the governing documents.
Once an association follows the due process involved, the homeowner can be fined on a weekly basis. If the homeowner does not become compliant and if the she does not pay the fine, the association can place a lien on the property. Unless the fine pertains to health and safety, the association cannot forclose on the lien for nonpayment.
The blocking of the sidewalk could be a safety violation as the sidewalks were meant for pedestrians to walk upon as opposed to walking on the streets. This is also an Americans with Disability Act issue for pedestrians in wheelchairs or motorized scooters.
Fining does not necessarily mean compliance and a homeowner can ignore the violation and fine letters.
You have two options. The first is to send a letter to management with a specific list of the alleged violations, along with photos of the infraction (if possible) of the neighbors and or make an appointment to meet with the community manager to discuss the issues.
Second, you can attend the next board meeting and at the second homeowner forum address your concerns.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to firstname.lastname@example.org.