Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.
I wanted to take some time this week to talk about how to handle neighbor disputes in our communities. Our homeowners associations can no longer ignore these situations. When neighbors are having a dispute with each other, often times community managers will direct them to settle it among themselves or involve a mediator if necessary. However, in some cases, the association may be able to take action.
Nevada Revised Statutes 116.3115 (2b) states that associations shall establish adequate reserves to be funded on a reasonable basis. This section of the law also states that associations may establish a funding plan that is designated to allocate the costs for the repair, replacement and restorations of the major components of the common elements over a period of years. The funding plan must be financially sound and must ensure that sufficient money is available when the repairs, replacements and restorations are necessary.
It appears the formula is probably part of either the covenants, conditions and restrictions or the architectural guidelines, which most likely would require formal process to amend. Your rules probably have specific setbacks, which is why the larger pools cannot be located on the lots.
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.
Over the many years of my managing community associations, it has been on rare occasions that the conditions within the communities warranted armed security guards.
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.”
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.
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.
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.
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.
Editor’s note: This column first appeared in the Community Interests, a publication for Community Associations Institute, Nevada chapter.
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.
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.
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.
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.
