Foreclosures impact small communities’ purses
Q: As a very small community, 45 residents, we are plagued with empty units as well as cost-cutting measures that has closed down some of our facilities.
We have a board and a property management group that does not respond to complaints or concerns.
As of now the ground around our property is covered with dog feces from renters who refuse to clean up after their pets.
We have a broken curb that goes unfixed and is a danger to drivers and pedestrians.
We also have large numbers of people moving in small, two-bedroom units, and they are coming and going. These are just a few of the concerns that I have and there are many others.
As a homeowner, my property value has dropped by half and I am stuck in my unit unless I walk away.
With a property management group and an homeowners association that does not respond to concerns, despite certified letters and e-mails, I am now considering a short sale.
My dues are almost $200 a month for a property that is becoming increasingly run down and not maintained.
I worked really hard to keep up my mortgage and dues, but I am discouraged with the ill-maintained property and the no communication. I am now contacting the city and state to file my complaints formally.
Are there any other alternatives to see some response from my HOA and the property managers?
I filed a formal complaint with the Nevada Real Estate Division, but is there any thing I can do locally?
A: The foreclosures and vacated homes in Southern Nevada have significantly impacted association management and association finances.
This is particularly true with small associations that even under normal economic conditions do not enjoy the economy of scales of the larger communities.
You have the right to obtain copies of the financial reports from your association. From the comments you have made in your letter, one can assume that the association is just paying for basic expenses for lack of money, i.e. the utilities, insurance, taxes, etc.
You can obtain information as to how many homes are delinquent and what steps are being taken to collect the delinquent assessments.
The management company can provide the big picture of the delinquency but cannot disclose the specific delinquency of any given homeowner.
As to the enforcement of rules and regulations such as the removal of dog feces, the management company can send the hearing fine violation notices, but just because a notice is sent and fines may be assessed against an owner does not mean that either the owner or his tenant will comply with the rule.
Because this is a health issue, if the owner does not comply or take action against his tenant, the association can foreclose on the nonpayment of the fines. If the owners or tenants do not comply, unfortunately, the only way to clean the feces would be for the association to assume that cost.
You have indicated that neither the board nor the management company are responding to complaints or concerns. You can request a list of the letters that have been sent to homeowners who are in violation of their pet regulations (or any other regulation).
The law allows the board or the management company to provide a generic list, i.e. without listing the specific addresses. For example, in August five pet violation letters were sent and they were courtesy letters and one letter was a fine letter. By requesting this information, you can see what actions or lack of actions pertaining to violations are being taken by the management company and the board.
As to the number of people moving into units, and the frequent move-ins and move-outs that are occurring at the community, the association has no jurisdiction. State law does not allow the association to interfere with the approval of the tenants who lease the homes in her community.
Note: The reader has filed a complaint with the Nevada Real Estate Division. The division can confirm whether the association is sending out violation notices and if the association if following the laws pertaining to finances and delinquencies but other than that the concerns listed in the reader’s letter division can’t cure any financial problems of this association.
Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.