County code backs up HOA’s cat leash rule

Q: Thank you for your weekly information in the Las Vegas Review-Journal. We enjoy reading it, and we are hoping that you can help us with one or more of these issues we are having with our homeowners association.

■ Cats are to be on a leash. A cat was out and was caged while animal control was called. Is it appropriate for officers in the complex to cage the animal, or just to call animal control? What about warnings?

■ A bicycle was under the stairway. This is against a new regulation. The bike was taken and thrown into the Dumpster. It was not usually there, what happened to warnings?

■ We are no longer allowed to barbecue within 10 feet of a building. City code is 3 feet from buildings or overhangs. Making it 10 feet leaves me without any place to barbecue, because I am always within 10 feet of some building or the overhangs in the parking lot. Unless I barbecue at the pool, ohhh wait, that was outlawed a couple of years ago.

■ The pool gate has a large chain and padlock on it. The HOA says this is because there are too many people using the pool who don't belong there. Well, I pay my fees on a regular basis and when it comes to August this is an important amenity to me. Are they allowed to lock out the tenants in this manner? If I don't have access to a pool, must I pay the entire fee each month?

A: You have several questions about your HOA. Let's take them one at a time.

First, lets address the cat-on-a-leash issue. Technically, yes, according to Clark County codes, all animals are to be leashed when outside. Associations can produce rules and regulations, as well as publish newsletters reminding residents of the community's pet rules. It is more difficult to send specific letters to homeowners who own these cats as often neither the management nor the board members know who owns them. Also, Southern Nevada is experiencing many stray and abandoned pets, especially cats.

Second, it's not a nice thing to throw a bike away. It would be common practice to send a warning letter first and not throw away a bike that had been stored under the stairway. A letter should have been sent to the homeowners who share that stairway.

Now to address your lack of barbecue space. Although I feel your pain, county code says you can't light up the grill within 10 feet away of any overhang, balcony or opening. Adult supervision is required at all times while the barbecue is generating heat, with the exceptions of electric barbecues and those used in single family residences (ordinance 1451, section 13.04.280).

Lastly, your pool problem is a common one in the valley. Still, you need to pay your assessment each month to avoid delinquency and foreclosure.

Your HOA board members need to rethink their position of how to monitor the pool. At any time and in any community, associations have neighbors using their pools. It is a constant headache. With the economic conditions of Southern Nevada, not many associations can afford part-time summer security or a pool monitor.

Some associations have people wear armbands to identify them as association members. The colors of the armbands often change each season.

For the board to chain and padlock the pool some event or series of events must have had occurred. Constant vandalism costs homeowners money.

You should contact the board or the management company to find out the reason for the lockout. As to the board, it needs to find a better solution.

Q: First, let me tell you how much I appreciate your column each week. I was recently elected to our HOA board for the first time and the information you share has really helped me. I never realized there were so many rules and regulations involved in being on the board.

Unfortunately, there is currently a recall election being held for our president and vice president, and I am having a hard time understanding the process.

The petition for recall was submitted to our management company by a homeowner. When I asked the reason for the petition, I was told by our management company that the homeowner doesn't have to give a reason as long as there was the required number of signatures on it.

Is this correct? I did look it up in the Nevada Revised Statutes and it seems to say that.

I have also been told that if the recall is successful, one of the remaining board members can then make a motion at our meeting, to "appoint" them back to the board until our next election, which is in April. Is this possible?

I would appreciate any information or advice you could give me. When I decided to give time to the board, I had no idea what I was getting into.

A: A homeowner who wants to recall any of the directors does not need a written reason for the recall, but will need 10 percent of the owners to sign a specific petition (unless your governing documents have a different minimum number of required signatures).

The petition will start the process as the association will have set a recall election meeting. Written secret ballots will be sent to the owners to vote to recall or not recall the director, who will attend the meeting, to be opened and counted in public.

State law does not explicitly state that a recalled director cannot be appointed back on the board, or that he or she cannot run again in an open election.

In this case, the most prudent action for the board is to immediately call for an election, assuming that the recall effort is successful. If the recalled candidates want their names in the hat to run again, then they can take that step.

It would be up to the homeowners to vote the candidate back onto the board. For the board to just reappoint the recalled director may not be illegal but it is not ethical.

Note: The state Office of the Ombudsman has scheduled free HOA classes in September. Some are: CC&R Violations, Fines and Collections, 10 a.m.-noon Sept. 5, The Bradley Building, 2501 E. Sahara Ave.; Recordkeeping & Governing Documents, 10 a.m.-noon Sept. 6, The Bradley Building, 2501 E. Sahara Ave.; and Overview of HOA Living, 10 a.m.-noon Sept. 8, Desert View Community Center, 10360 Sun City Blvd., corner of Thomas Ryan and Sun City boulevards, Summerlin.

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 email at support@hlrealty.com. Holland is also available to speak at your organization or company.