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Barbara Holland

Barbara Holland

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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‘Pizza delivery’ law addresses speeding in community

I call it the “pizza delivery” law. Nevada Revised Statute 116,31031 subsection 1b2, which states that a fine may not be imposed against a unit owner or tenant or invitee of a unit owner or tenant for a violation that involves a vehicle operated by a person who is delivering goods to or performing services for the unit owner, tenant or invitee of the unit owner or tenant.

HOA board has fiduciary responsibility to community

Nevada Revised Statute 116.3103 pertains to the fiduciary responsibilities of the board of directors: “In the performance of their duties, the officers and members of the executive board are fiduciaries and shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association.”

Animal lover upset about proposed HOA rule

It is obvious from this email that you are very passionate about animals and they certainly need our protection. You need to review the community covenants, conditions and restrictions, as you would generally find some statement pertaining to pets. If they allow at least two pets, to make any changes would require an amendment approved by the homeowners, which generally would require at least a 67 percent approval.

Summertime is almost here; is your HOA playground ready?

By now, homeowners associations and their community managers have discussed the recent $20-million award against an association for failure to eliminate playground hazards. According to insurance companies, the majority of playground injuries stem from falls or impact with climbers and swingers. Fatalities occur because of strangulations and elevated falls.

Health District gives HOA pool tips

With the warmer months upon us, it’s time to talk about the pool. The Southern Nevada Health District has some tips for homeowners associations on pool maintenance and safety this summer.

State, federal laws affect age-qualified communities

Until the legislature changes Nevada Revised Statutes 116.355, if your association does not have any rental cap, your association would not be able to restrict investors from purchasing homes within your association for the purpose of leasing them. One footnote, this law will never change unless homeowners and boards start lobbying to modify it.

Homestead laws can provide some protection

Nevada Revised Statutes 115, homestead laws, protects the equity in your home up to $550,000 from general creditor claims, such as unpaid medical bills, bankruptcy, charge card debts, business/personal loans and accidents but would not preclude a seizure or forced sale of your residence from general creditors if your equity exceeds the $555,000.

A pit bull could be a support animal

If you can provide documentation from his doctor that the pit bull is a support animal, the association would have to allow for a variance. You would have to abide by all of the rules and regulations pertaining to dogs, as the association would have the right to take action against the homeowner if there were major infractions.

Short-term rentals create problem for condo community

These short-term rentals, vacation rentals and Airbnb rentals will continue to plague association boards and their resident homeowners. Until the law changes, or until there are court cases here in Nevada pertaining to these various short-term rentals, your association will need to look at its own governing documents.

Cost for financial audit less than forensic audit

Please note that an audit is not the same as a forensic audit. A forensic audit is an examination and evaluation of an association’s financial information, generally conducted in order to prosecute a party for fraud, embezzlement or other financial claims, such as a conflict of interest, bribery and extortion or the misstatements of the financial reports.

HOA can require homeowners to buy extra insurance

Depending upon the association’s covenants, conditions and restrictions, yes; the association could require a homeowner in a condominium to obtain additional insurance. The CCRs would probably not specifically name a type of policy, such as the HO-6 policy, which is a supplement insurance policy to the association’s primary insurance policy.

Insurance policy likely would protect former board member

First, you have the right to obtain the contact information pertaining to the agent and carrier that provides the directors and officers libility insurance) coverage. You will need to contact the management company for that information. You could also contact the insurance agent to help review the policy coverage with you.

Nevada law bans dog breed discrimination

Nevada became the 14th state to ban dog breed discrimination. Gov. Brian Sandoval signed this legislation on May 24, 2013, and it became effective Oct. 1, 2013. The new law does allow local governments to continue passing laws that target dangerous or vicious dogs as long as the laws are free from breed bias.

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