Board has to approve HOA dues payment plan

Q: I have lived in my home for 10 years. A while back I got into some trouble financially and got behind on my homeowners association dues. My account was turned over to a collection company.

I began paying them only to find out that most of the money I sent every month was going to that company and not my HOA.

My HOA now tell me I owe $7,600 and are going to foreclose on me June 3.

I owe $235,000 on my home. It is now worth $120,000.

I offered to start making payments to my HOA and not the collection company, and they turned me down. I really don’t want to lose my home but I know I do not owe $7,600 It’s as if they want my house for some reason. Any suggestions?

A: You need to contact the collection agency to receive a complete and full documentation as to money owed, both to the association as to assessments, late fees and possibly fines and to the actual collection company for its costs.

If necessary, you will need to contact the operating manager or owner of the company for assistance in obtaining this information.

The collection company cannot make any settlement agreements without the permission of the board of directors.

Once you have the financial information from the collection company, you could ask for a meeting with the board in executive session to consider a payment arrangement.

You need to be prepared to offer such an arrangement that would require current assessments being paid, and x amount of dollars in order to pay for the arrears.

You know that if the association accepts a payment plan, then it needs to be very realistic as to your ability to pay back the association.

Q: If you are a board member and lose your home but are now renting the home, can you stay on the board? I was told at one time anyone could run for the board.

A: First, it depends upon your covenants and bylaws of your homeowners association. If your governing documents state that you must be a homeowner, then you would not be able to run for the board if your hold a board position. You would have to resign.

If your governing documents do not state that you have to be a board member, then NRS 116.31034 subsection 1 would apply. This section states that you must have at least three board members to be unit owners. In this case, you could run for the board and be a board member as long as three other board members are unit owners and that your governing documents allow for a non-owner to be a board member.

Q: I live in a property managed by a management company. The HOA and management company are negligent in enforcing the rules. I have had to live with this a long time. But something happened recently that was the last straw.

While walking my dog we were attacked by a large unleashed dog. There was a security guard that witnessed the attack and filed a report with the management company. The project manager of the property refuses to apprise me of the disposition of this case. She says that she is prohibited by law.

Meanwhile, I am afraid to walk my dog in that area. I have discussed this with other people and they told me that this is not the first time something like this has happened. What are my rights in this situation?

A: There is a privacy law both for the state and for the federal governments that would preclude you from obtaining the disposition of the case without taking legal action. But all you need to do is to file a formal complaint with animal control board as it is law that all animals are leashed.

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.

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