This column addresses homeowner association violations and fines and what the board should consider in this process.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to email@example.com.
As for condominium associations, owners can install an antenna on balcony or patio if the patio or balcony is a limited common element, restricted for the owner’s exclusive use. Again, installation rules would be permissible and may require that the owner cover the antenna as long as such a requirement does not impair an owner’s ability to receive a signal or unreasonably delay or increase the cost of installation, maintenance or use.
Please note, that for some associations the prohibition of certain dogs, such as pit bulls, are found in their covenants, conditions and restrictions, which would require a vote of the membership to amend this section of their governing documents.
The association should consider a revision in its rules, assuming the current regulation is not in the covenants, conditions and restrictions, which would allow a homeowner reasonable time to load and unload an RV. For many associations, their regulations allow 24 hours.
You have a number of concerns. The first being the lack of experience of the current board of directors. Unfortunately, we do have a problem as too many qualified homeowners do not wish to serve on the board. We have to ask the question, why? For some homeowners, it is a matter of time; for others, it is a thankless volunteer job. Associations that are having problems finding homeowners to serve should review how they operate. In some cases, modifications of board meetings to make them more meaningful and less stressful would be a big start.
As to the removing of the fireplace within the clubhouse without homeowner approval, you would need to review the association’s covenants, conditions and restrictions. As a general rule of thumb, community rules would require homeowners approval to change of one of the amenities.
There is no excuse for racially, inappropriate comments by anyone, be it directors, residents, vendors or managers. In your case, the association’s legal counsel should be contacted. Besides the inappropriate comments, this homeowner should not be interfering with the association’s contractors.
This is not the first time a reader has stated to me that the towing company or the management company has informed them that a parking sticker placed on their vehicle is good for six months. Meaning, the towing company could tow a vehicle with no further notice if there were another infraction within a six months’ period.
If the president resigns and if there are no other homeowners willing to serve, the Nevada Real Estate Division would appoint a receiver to manage the association who in turn would select a management company to manage the association until that time the association has recovered from the resignations.
Note: I have invited Las Vegas attorney Avece M. Higbee to write this column to answer a reader’s question about health and safety fines.
Q: How often does the government come in and take over a homeowners association. I’m a board member, and our reserves are underfunded. On paper, for 2020, the total should be $450,000. At this time we have $250,000 but are going to spend most of that ($160,000) to replace the roofing that was installed in the late 1980s. About $75,000 is raised in assessments each year. Management wanted the board to raise the assessments, which all members were against. It then made the threat that, because of the underfunding, the state/county might come in and take us over.