Can community guards have radar speed guns?

Q: My guard-gated community has security company employees who are armed. The homeowners association board wants speeders to be compliant. The security guards are trained on using radar/laser speed guns, and the machines are calibrated yearly.

One of your articles said peace officers must be approved by the Peace Officers’ Standards and Training Commission. One of our HOA committee members asked if our community’s security guards are considered peace officers.

A: Security companies have to obtain special licenses. Whether they are treated as peace officers, I do not know. I would start by contacting your security company to see if they are approved to use the speed guns.

Q: A house in my subdivision was foreclosed and then purchased. The new owner, which was a company, had the house painted a color that is not approved by the covenants, conditions and restrictions. The company was told about this during the painting but finished the job anyway. The company then resold this house to a individual. This individual also was informed the house was in violation of the CC&Rs.

Board members are looking into changing the approved colors. I know that will require a vote by the HOA. In the past, issues of this nature had few ballots cast. If that happens, the color changes will be approved. If the colors are changed, will this void the current violations?

My feeling is that the owner should be made to repaint the house the proper color.

If the changes takes place, what grounds do I have to make the board enforce the current rules?

A: Technically, the new homeowner is responsible for repainting the home, and the association should enforce its architectural guidelines. The new homeowner may have recourse against the previous seller.

The board should inform the new homeowner that if the colors are not approved by the association, he or she will have to repaint the home. If the HOA does approve the new color, then the home will be compliant with the community’s rules.

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 Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.