Q: I am writing to ask your advice about a situation we are having with a violation of our covenants, conditions and restrictions at our condo complex. We own our first-floor condo. The unit above was granted a medical exception to remove the wall-to-wall carpeting to install hardwood flooring for health reasons. As you might imagine the noise level was quite annoying in our downstairs unit.
We received a letter at that time from the association that if the owner in the above unit rents or sells he must replace the floor to its original state.
We are snowbirds and just returned to our condo. While we were back East the owner sold his unit, but never fulfilled his obligation to replace the flooring.
We have advised our association about the letter of agreement and at this time it is going to have an executive board meeting to discuss the matter.
How is this possible when the letter states the responsibility of the previous owner? To top it off, the previous owner is the president of the association. If this meeting takes place, should he be allowed to attend it or should we request that he excuse himself.
A: If he has sold his unit, he is no longer a member of the association.
Unless your governing documents state that a nonowner can be on the board, then he is no longer the president and the board needs to elect another president.
Even if he was he president, he would have to be treated like any other homeowner.
He could make his presentation to the board and you could make your presentation to the board. When the board goes into executive session to discuss the matter, the president would not be present at the session, nor would the president have the right to vote on the matter.
Q: After many unsuccessful attempts to reason with my homeowners association regarding a matter of damage to my personal property, I was forced to sue it in small claims court. The judge ruled in my favor. Now, once again the delay tactics have begun. What recourse do I have to collect the money due me from the homeowners association?
I have been a responsible homeowner for many years abiding by the covenants, conditions and restrictions and rules and regulations. What about the responsibility of the HOA? Do I need to go to a lawyer to force it to reimburse me?
Of course, these unnecessary fees will need to be paid by the HOA since I’ve already won this case. Thank you very much for whatever assistance you can offer.
A: If you have a ruling from the judge, contact the sheriff department. You will need the judgment from the court so the sheriff’s department can attach the association’s funds.
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 385-3759, email is firstname.lastname@example.org.