HOA board member does not need president’s permission

Q: I am a newly elected director of a homeowners association with almost 800 units. In the short time I have been on the board, I have observed and/or have been told things that seem, shall we say, questionable. I would like your opinion on some of these matters. Here are some of the things that concern me:

The accounts receivables total about $47,000, and the fines, which are included in this figure, total about $29,000, or about 62 percent of the total. There are only 27 units that are responsible for the $29,000 in fines, of that, 14 units represent about 90 percent of the offenders! It took considerable effort on my part to dig these facts out of the very cumbersome accounting ledgers, because the ledgers mixed fines and delinquent HOA fees as well as credits for prepaid HOA fees on the same pages of the ledgers. Here are my questions:

1) I have been told that it is not possible to place a lien on a unit for delinquent fines. I’m told that liens are only allowed by the Nevada Revised Statutes for unpaid HOA fees, but nowhere can I find this in the law.

One unit owner owes $7,000 in fines, and many owe amounts in the thousands. I have not been able to learn the reason for the fines, whether they are for mundane things like weeds in the yard or more serious offenses. I have not been able to get this information because the supervising community manager has not been forthcoming; that is, that person has refused to meet with me to discuss the situation. That person claims that his company’s management contract with my HOA says I must send my requests for information via the HOA president. My question is this:

2) As an HOA director, am I not entitled to obtain information directly from the management company? I have not been given a copy of the management contract. But if such stipulation exists, would this be allowed under the NRS?

A: As to your first question, according to the state law, fines and assessments should not be mixed on the ledgers.

Also, you can place a lien on the property for unpaid delinquent fines. You cannot foreclose on a unit because of unpaid fines unless they are because of a health and safety issue, or falls under the super maintenance lien.

As to your second question, the state law requires that all board members receive copies of all contracts, including the management company agreement. As a board member you should not have to obtain approval from the president to review them. However, the management company can certainly inform the president that you wish to have a better understanding of these fines and that you want to review the records.

Q: I am a HOA president of a complex where we have an owner that lives in California. He has rented his unit through Section 8. The young lady who lives in it has been there for a couple of years. She and her young son have not been seen since perhaps the holiday time. The people in the upstairs unit have heard a dog bark continuously from what appears to be the bathroom below them.

About two weeks ago we put a note at the home to please call one of our HOA board members. The note is between the door and the jamb so if the door was opened it would fall to the ground. Also, the lights are on inside the home — the same lights that have been on all this time.

I have talked to the owner on several occasions. He has called the case worker, but she was of no help. Our board and the unit owner many times have called the girl’s phone numbers. The owner doesn’t know what legal rights he has to go inside his unit.

A: This is actually a landlord-tenant issue, and I think the owner should consider this an emergency and contact the Las Vegas police.

In any case, if his lease agreement allows, he needs to take affirmative action by sending a letter to the tenant stating that he is coming to the property to inspect it.

If the owner did not receive his rent for January, this unit may have been abandoned. Unfortunately, there have been too many owners and renters who, when vacating their homes or their apartments, have abandoned their pets.

Most lease agreements have a section that states the landlord can enter into the unit upon written notice.

NRS118A, which is the landlord-tenant law in this state, has this to say about it:

1) A tenant shall not unreasonably withhold consent from the landlord peaceably to enter into the dwelling unit to:

(a) Inspect the premises;

(b) Make necessary or agreed repairs, decorating, alterations or improvements;

(d) Exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, contractors or other persons with a bona fide interest in inspecting the premises.

2) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

3) The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency, the landlord shall give the tenant at least 24 hours’ notice of intent to enter and may enter only at reasonable times during normal business hours, unless the tenant expressly consents to shorter notice or to entry during nonbusiness hours with respect to the particular entry.

4) The landlord has no other right of access except:

(a) Pursuant to court order;

(b) Where the tenant has abandoned or surrendered the premises; or

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.