Can an HOA be sued?

Q: I would like to know if a homeowner can sue its homeowners association and the board members for harassment? The state ombudsman rules in our favor and since that ruling, we are constantly being watched for violations. The latest is that I want to install artificial turf and the 2009 NRS said that artificial turf is included in drought-tolerant landscaping. The board does not agree with me and they plan to make approval difficult. What options do I have?

A: Who actually made the ruling? Was it the ombudsman's office sending you a letter, based upon their investigation? Was it a ruling made in arbitration or agreed upon by mediation? There are very few exceptions to the law that would allow you to just file a law suit against the association. In your case, you will need to first either arbitrate or mediate the issue and then, depending upon the outcome, if you were still not satisfied, you could file a law suit in district court according to NRS 38.310.

Q: Our rules and regulations call for a seven-day written notice before towing a car that is being stored on common area property such as in the owners' covered parking space. Our management company states that since Clark County allows vehicles to be towed after 48 hours once a red tag has been put on the car, that applies to us also. Since the common area parking is private property, wouldn't the rules and regulations prevail until changed by the board?

A: The rule of thumb is that the association's rules cannot be more stringent than the county's ordinances.

For example, if your regulation stated that vehicles can be towed with a five-hour notice, that would be illegal since the county allows for at least a 48-hour notice.

Your current regulation is more lenient in that the homeowner receives a seven-day, written notice prior the towing of the vehicle. If the board wants to tow vehicles within 48 hours, they need to change its regulations.

Q: Our homeowners association assessed the homeowners a fee for painting the units. Several homeowners have not paid the assessment and, after stating they felt the assessment was too high, have refused to communicate with the HOA. Our HOA needs this money. What recourse does the HOA have to force these homeowners to pay?

A: The association can send a final warning letter to the homeowners informing them that foreclosure proceedings will begin if they do not make arrangements to pay the special assessments. The reader's board should contact their collection company as the foreclosure process since regular assessments is exactly the same process for special assessments.

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.