Condo owners find neighbor’s camera ‘suspicious’

Q: We live in a small condominium complex. Our back patio wall is the outside wall of the complex. The condo next door is a rental and new neighbors moved in there about two weeks ago.

Within a couple of days of moving in they installed a wireless Internet camera by the back wall, facing the street. The camera is on a tripod and is just about 6 inches above the top of the fence. At first we thought it was just part of a child’s play set and then we realized no, it was really a camera. We tried asking the neighbor if it was part of a security system, but they ignored the questions and walked away.

It’s a very suspicious situation so we reported it to our homeowners association’s security. It’s not just about whether there may be drug deals going on over the wall, but there are a lot of children walking to school on that street, and neighbors on either side now feel uncomfortable being in their own back patios because of that camera.

Our homeowners association is looking into what can be done and has recommended that we notify the police if there are any “visitors” at the back wall. Are there any Nevada statutes that could apply in this situation?

A: This is a new one for me. Your association gave you good advice. You need to contact the police. There is no state law that addresses this security-versus-privacy issue.

There are laws that pertain to the photographs of children that are classified as child pornography, but this is not my area of expertise.

If you are not satisfied with the response from the Metropolitan Police Department, you may want to contact an attorney to find out about these laws.

Note: Please take notice that the Clark County recorder’s office has received instructions from the Nevada State Department of Taxation that the transfer tax at recording of an HOA foreclosure deed will be based upon fair market value, not the amount of the HOA lien.

The Department of Taxation has indicated that the fair market value will be presumed as the last sale’s price of the home purchased in the open market.

However, HOAs will be able to rebut this presumption by filing an appeal with the recorder’s office.

Generally, this position by the state will increase the amount of the transfer tax to be paid, or cause a delay in the recording of the foreclosure deed pending an appeal of the determination of the property’s value.

Further, the recorder’s office has said that it will not record the foreclosure deed without the payment of the transfer tax. Here is an example:

■ Old method: Association foreclosure sale price = $6,000; transfer tax ($1.75 per $1,000) = $10.50

■ New method: Fair market value = $75,000; transfer tax ($1.75 per $1,000) = $131.25

Upon conclusion of the association’s foreclosure, the collection company will prepare an invoice that will include the additional fair market value transfer tax.

After payment by the association, the deed would be recorded.

An HOA would have to dispute the fair market value as this cannot be done by a collection company.

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. Holland is also available to speak at your organization or company.