Columnist gives positions on proposed HOA bills

Time is running out for you to tell your lawmakers just what you think of their proposed bills affecting homeowners associations throughout the state. You've got until June 1.

If you want to voice approval or objection to any specific section of any bill, contact your individual legislator. For more information, visit leg.state.nv.us/75th2009/Reports/conference.cfm

Remember conference committees may, without public hearing, add amendments from bills that have effectively died.

They also can tack on new sections. This is allowed to bring consensus from the members of the committee.

If both houses accept the final report, the bill goes to the governor to be signed into law. If either house rejects the report, a second (and final) conference committee is appointed. I have learned that this session may not allow for a second conference committee. The bill dies if the members of the second conference committee fail to agree.

Bills that did not meet legislative deadlines and are considered dead, may be included in conference committee language. That's because nothing is really dead until the final gavel falls and the governor signs the bills that passes it into law. So, beware of the walking dead.

For a full list of the bills that impact HOAs, check the subject index for bills at leg.state.nv.us/75th2009/Reports/TablesAndIndex/2009_75-index.html.

Here is my short breakdown of what bills I think are important.

The good:

* AB 129 (leg.state.nv.us/75th2009/Bills/AB/AB129_R1.pdf) prohibits an association from restricting the parking of certain utility service vehicles, law enforcement vehicles and emergency services vehicles. Position: OK

* AB 204 (leg.state.nv.us/75th2009/reports/history.cfm?ID=416) requires the executive board of a common-interest community to make available to each unit's owner information concerning the association's collection policy and extending the period of time certain liens have priority over other security interests. Position: OK

* AB 251 (leg.state.nv.us/75th2009/reports/history.cfm?ID=501) revises the procedures for voting for an executive board member under certain circumstances.

It would require regulations governing the issuance of certificates for community managers and contain provisions relating to persons who formerly engaged in community management. Position: OK

* AB 361 (leg.state.nv.us/75th2009/reports/history.cfm?ID=711) provides, under certain circumstances, the ability for an association to enter the grounds of a vacant unit, or a unit in foreclosure to abate a public nuisance or maintain the exterior of the unit.

The association may have to request a copy of deeds of trust and other documents. Position: Good, needs to pass.

* SB 261 (leg.state.nv.us/75th2009/reports/history.cfm?ID=704) provides for changes to NRS 116 as adopted through UCIOA. Position: good.

* SB 128 (leg.state.nv.us/75th2009/reports/history.cfm?ID=328) requires certain persons to record foreclosure sales and sales of real property under a deed of trust within a certain period of time. Position: OK.

The bad:

* AB 350 (leg.state.nv.us/75th2009/reports/history.cfm?ID=681) revises provisions relating to costs of collection and the payment of fines and assessments.

It also changes the rights of a unit's owner with respect to meetings and budgets for the daily operation of a common-interest community.

It establishes standards for management agreements, duties, responsibilities and standards of practice for community managers. Position: Would like to see this micromanaged bill die.

* SB 182 (leg.state.nv.us/75th2009/Reports/history.cfm?billname=SB182) contains general changes throughout NRS 116. Position: Because there are too many unrealistic and impractical regulations, I would like to see it die.

* SB 245 (leg.state.nv.us/75th2009/Bills/SB/SB245_R1.pdf) gives the right to the regional transportation commissions the authority to construct or install any benches, shelters or transit stops within any public easement that is located within the common area or common elements of a community governed by an association. Position: Not in favor.

* SB 149 (leg.state.nv.us/75th2009/Bills/SB/SB149.pdf) exempts limited-purpose associations that are created for a rural agricultural, residential, common-interest community from certain fees. Position: Not in favor.

* SB 183 (leg.state.nv.us/75th2009/Reports/history.cfm?billname=SB183) this was addressed in 2007 in AB 396 and concerned rolling shutters. It has not passed out of Assembly Judiciary Committee as of press time. Position: Because there are too many unrealistic and impractical regulations, I would prefer it dead.

* SB 351 (leg.state.nv.us/75th2009/Reports/history.cfm?billname=SB351) provides that money collected by an association must be deposited or invested in certain institutions or securities. It revises the provisions relating to amendment of the governing documents to conform with the laws of this state.

It also provides that an executive board of an association may not fill a vacancy if the governing documents require a vote of the membership. Also, states executive board member may conduct a workshop without complying with certain requirements. Position: This needs to stay dead.

Bills that should be defeated

* AB 207 (leg.state.nv.us/75th2009/Bills/AB/AB207_R2.pdf) has some problems, as it allows for unpermited persons to perform association reserve studies. The bill revises requirements for limited-purpose associations that are created for rural, agricultural, residential, common-interest communities. It states that such a limited-purpose association is a public body for purposes of the open meeting law and reserve studies. Position: Bill has some problems.

* SB 68 (leg.state.nv.us/75th2009/reports/history.cfm?ID=144) establishes responsibility for the maintenance of certain security walls within certain common-interest communities. Position: Bill still has issues even though it was amended. It will raise dues and reserve requirements.

* SB 114 (leg.state.nv.us/75th2009/Bills/SB/SB114_R1.pdf) prohibits certain restrictions on the use of systems for obtaining solar energy. Position: Still has many problems as to state involvement.

* SB 137 (leg.state.nv.us/75th2009/reports/history.cfm?ID=348) provides for the placement of recycling containers in certain locations including condos. Position: This bill has problems and I would rather see this issue regulated by local governments.

* SB 253 (leg.state.nv.us/75th2009/reports/history.cfm?ID=694) requires a member of an executive board who stands to profit personally from a matter before the board to disclose and abstain from voting on the matter. It also requires that bids for an association project be considered and opened at a meeting of the executive board. It revises provisions relating to the renting or leasing of units. It makes provisions authorizing the transient commercial use of units in a planned community, in certain circumstances applicable in all counties. It revises provisions relating to the resale package furnished to the purchaser of a unit. It increases the amount of the administrative fine for engaging in certain activity without holding the required certificate or permit. Position: This bill is still much too micromanaged to be livable.

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. Her fax number is 385-3759, or she can be reached by e-mail at support@hlrealty.com.