61°F
weather icon Clear

‘Bully’ law could help HOA board with problem member

Q: We have a condominium complex of 64 units. There is an individual who constantly spreads malicious rumors and lies about the management company and present and past board members. He is on record of attempting to remove them. He actually lobbies door to door before elections in an attempt to gain enough votes to get on the board and control it.

He says no one else is qualified to manage the community and says he can do it by himself. Several years ago when he was on the board, our community was in the worst shape financially and in appearance than ever.

He will not listen to facts or believe written records. He thinks they are lies and he tries to promulgate this belief. He is more than a nuisance. He has upset several residents with his lies about them. He creates additional and unnecessary work for the board and management company.

The present board discussed this problem extensively and would like to take actions to shut him up. However a board member who is a retired lawyer keeps mentioning “freedom of speech.” I think this is a relative term and may not apply to this individual.

Is there anything we can do to solve this problem?

A: Your association would have to document the actions of this homeowner and present it to your association’s attorney (not the one on the board) to determine if the homeowner could be sued for slander. Generally speaking, this is not a practical solution and one that is costly and hard to prove damages.

There is a new law that was passed during the 2013 legislative session, NRS 116.31184, called the “bully” law. The law makes threats and harassments a misdemeanor. “Does the action of the homeowner cause harm or serious emotional distress or the reasonable apprehension thereof to that person being threatened or harassed or does the homeowner create a hostile environment to that person?” Those are the conditions listed in the law.

The enforcement of this law is through the court system as neither the Nevada Real Estate Division nor the state’s Commission for Common-Interest Communities and Condominium Hotels has any enforcement jurisdiction.

Q: I am trying to find out if I am responsible for improvements made by previous owners. I purchased a house in March of 2012. This house had a recreational vehicle pad and gate on it. It was a bank-owned purchase, so the previous owner was not involved.

The homeowners association is informing me about 10 months after my purchase that the RV pad and enclosure was never approved by the architectural design committee (ARC) prior to installation.

Board member’s comment was, “I completely understand that you weren’t the owner who installed the concrete pad but unfortunately when you buy a resale property, you’re responsible for all the mishaps that the past owner did.”

My question to you is: Can this really be true? Am I responsible for everything dating back to original construction? Are there any time limits? I was told by someone that they thought the installation was done about 2008.

A: NRS 116.4109 addresses resales of units and regulates what information a unit owner must provide to a purchaser. Much of the information must be obtained through the management company of the association. Although this law does not explicitly state that the current owner inform the purchaser that such a violation is on the books, the association should have provided this information, especially if the board planned to enforce the architectural regulations upon the new owner.

Generally speaking, many purchasers become aware of such violations because when they receive the resale package, the association will denote the outstanding fines that need to be paid. By further investigating the fines, the purchaser can find out if the violation is ongoing.

Your problem raises some interesting legal issues. This particular problem is not mentioned in NRS 116 and I don’t know if there have been any case laws in our state that have addressed these issues.

I think this is a good case to bring to the attention of the Nevada Real Estate Division. There are a number of programs that they offer to resolve such matters. There is the intervention affidavit program, the referee program, mediation (which is mandatory if both parties do not agree to attend the intervention or referee program). If the mediation is not successful, you then have the options of filing a complaint against the association in court (or going to arbitration if the association is willing to participate).

Did the seller of the home know about this violation? If so, the seller had a legal obligation to disclose that information to you as required by the seller’s real property disclosure law. If that is the case, you may be entitled to reparations. You may want to explore this option.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to the Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.

MOST READ
Don't miss the big stories. Like us on Facebook.
THE LATEST
Presidential election in Nevada — PHOTOS

A selection of images from Review-Journal photographer LE Baskow of scenes from the 2024 presidential election in Las Vegas.

Dropicana road closures — MAP

Tropicana Avenue will be closed between Dean Martin Drive and New York-New York through 5 a.m. on Tuesday.

The Sphere – Everything you need to know

Las Vegas’ newest cutting-edge arena is ready to debut on the Strip. Here’s everything you need to know about the Sphere, inside and out.

MORE STORIES