Apartment complexes cannot charge HOA fees
Q: Hoping you can help us again, we have two questions:
1. If a tenant has full power of attorney for the 11 years they are living in our community, can they run for the board?
2. If you are an active member of the Henderson Police Department, is it a conflict of interest to be a board member? Especially when we are trying to determine security and neighborhood watch issues. We are in unincorporated Clark County.
A: Unless otherwise prohibited in your governing documents to have non-owners become board members, you must have three board members who are unit owners. With a three-member board, all would have to be unit owners. If you had a five-member board, you could have a tenant director.
If the board member who works for the police department personally gains from any decisions that you make pertaining to security, there would be a conflict of interest. Most boards would appreciate having a member of the police department on their boards to help address security and neighborhood issues.
Q: Our homeowners association board of directors elections are coming up soon, and I have a question about the voting procedure.
Are HOA members allowed to vote cumulatively for one candidate; i.e., more than one vote for one candidate? Our bylaws and governing documents are silent in this matter.
A: If they are silent, then the answer would be no. There are specific procedures that are associated with cumulative voting. To be on the safe side, check your covenants or bylaws and see if the language states one vote per household. If so, that will confirm the premise that you do not have cumulative voting.
Q: Is it legal for an apartment complex to charge each tenant homeowners association fees?
A: An apartment community cannot charge association fees to a tenant.
A landlord who has a lease agreement with a tenant who resides in an association could pass along to the tenant association fees if such a clause was stated in the tenant's lease agreement.
This is a standard clause in most lease agreements for tenants residing in associations.
Q: We are a small gated community, and have several owners that are behind in their monthly assessments. Is there any downside to going to small claims court and attempt to recover the assessments?
A: An association has a choice of filing action against a delinquent homeowner by going to small claims. Assuming that you win in small claims, you still have the issue of collecting the money. Depending upon the homeowner's personal finances, you may find yourself back to square one where you would have to file foreclosure actions against the homeowner.
Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, email support@hlrealty.com.