Are pools, spas in HOAs considered public facilities?

Q: Why are we under the Southern Nevada Health District for permits for our swimming pools? These are not public facilities. They are homeowner facilities and should not be considered public.  How are we to afford the new statutes with the 911 emergency phones, drinking fountains and all the new rules?  The community I live in was built in 1978. Architecturally, we would have to do major renovation. How we get out from under the SNHD and maintain our properties as homeowners, not public facilities? 

A: Under the Nevada state laws and county ordinances, swimming pools and spas are under the jurisdiction of Southern Nevada Health District -- the pools are considered public bath houses. To make a change would require the state Legislature to change the laws.

Readers need to be reminded that most of the regulations protect the health and welfare of the residents of their community. Each summer, people, usually children, die in swimming pool accidents from gates not property locked, or enclosure fences not properly installed. Electrical problems from pool lights have shocked swimmers. Pool pumps not approved under the Virgina Graem Act have caused deaths when swimmers have been sucked into the circulating system. Being able to quickly contact 911 can be the difference of saving or losing a life.

We all understand that association's budgets are tight with delinquency in many associations. Pools and spas are amenities and associations need to properly budget for their operations.

Q: Can a board make it mandatory for the residents to purchase a transponder to enter the community using the transponder-only gates? We have four 24-hour guard-gated entrances.

Rule No. 13 of the 2008 Rules and Regulations states that resident vehicles with valid transponders may use the transponder-only lane for automatic entry. All resident vehicles without a transponder must enter all manned gates and wait for entry authorization.

We did not purchase transponders for our vehicles. Each year we present our registration and insurance documents to the management company and are issued vehicle gate stickers.

Earlier this year, a resolution was presented to the board which stated: "Be it resolved that the board gives the management company approval and direction to begin generating violation letters to all homeowners who have not purchased the mandatory transponder (s) and then to call violators to hearing to then be fined $50 per vehicle, at which time they will be provided with one transponder per vehicle." Transponders are now mandatory for all vehicles to enter.

Courtesy notices are now being send for noncompliance.

Can our management enforce this?

A: The answer to your question is no.  NRS 116.2111 subsection 2a states, "an association may not unreasonably restrict, prohibit or otherwise impede the lawful rights of a unit's owner to have reasonable access to his unit." 

It could appear by the state law that the association needs to continue the left lane for those owners who do not wish to purchase a transponder.

Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.