Condo community wants to ban short-term rentals

Q: We have about 150 units in our condominium complex in Mesquite, and about one-third are subject to nightly rental.

This issue is coming up for discussion at our next homeowners association meeting. Some board members believe that a vote of all owners must take place to prohibit nightly rentals (one to three nights.) But is it not illegal to rent condominiums in Nevada for less than 30 days? If so, which section of Nevada Revised Statutes 116 addresses this situation?

Also, if it is illegal to rent condos for less than 30 days in Nevada, isn't a vote redundant? Shouldn't the board simply make the shortest time for rentals agree with the minimum allowed in Nevada statutes?

A: If an owner is renting their unit on a daily basis, by law, that owner would be required to pay sales tax, as it would be treated in similar manner as a motel. Based upon this tax law, an owner would be exempt from paying the tax if the unit is rented for a 30-day period or more.

Most communities' covenants, conditions and restrictions will state that the minimum term of a lease or rental agreement is 30 days.

If you have such a clause in your covenants, then you simply send notices of noncompliance to the owners who are leasing on a daily basis, or for less than a 30-day period.

There is no state law that prohibits an owner from renting their unit on a daily basis or for any period of time for that matter. If you do not have such a clause, you would have to propose an amendment to your covenants and follow the amendment procedures.

Clark County in 2010 approved a "party house" ordinance to curb short-term rentals. The ordinance prohibits the rentals of homes for fewer than 30 days.

Q: We had our annual HOA board member elections a few months ago. Four HOA members ran for the two open board positions. The elections were held and two members were elected to the board.

Since then, there have been three HOA meetings over the last few months. One of the newly elected HOA board members has attended all three meetings. However, the other newly elected board member hasn't attended a single one.

Is there any kind of requirements that a board member must/should attend the HOA and board member meetings?

If an HOA board member doesn't attend a certain number of board meetings, is there some sort of remedy for that negligence? Can that board member be penalized, censored or maybe asked to resign from the board so someone else who would attend the meetings could serve on the board?

I am familiar with the procedure of having to petition for a certain percentage of HOA member signatures to recall a board member if the HOA membership wants them to resign. However, this remedy isn't practical under the present circumstances. So what, if any, other action can otherwise be taken or considered?

A: That's a shame.

You have two choices. You have the community manager or the board president find out why the newly elected member is not attending meetings.

Is there some legitimate reason? Does your association need to change meeting times?

If there are no legitimate reasons, you ask the member to either start coming to meetings or to resign. There are no penalties per the state law. Your only other choice is to recall the director, which is not the most efficient solution to the problem.

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.