HOA can fine for barking dogs but procedure must be followed

Q: One of my readers has a problem with their homeowners association that has fined them pertaining to the alleged violations of their dog. The reader wanted to know their rights as property owners in their association. They are doing everything they can to keep the dog quiet and they feel that the association is treating them unfairly.

The reader also indicated that they have never been provided a copy of the covenants, conditions and restrictions during or prior to escrow for their review. They finally received a copy from the sellers of the property.

The reader wants to know if they have any rights because they were not provided a copy of the CCRs prior to signing.

A: The association does have the right to fine a homeowner for noise which usually falls under the broad term of nuisance in the association's governing documents. The association can fine a homeowner for the barking-dog problem, even if no complaints were filed with animal control.

The association is required to have a hearing and the association should have supporting documentation that the violation had occurred. The homeowner has the right to a hearing prior to any fines being assessed.

The reader did not indicate in the letter whether or not there was a hearing. If the association failed to have a hearing, then the fines would not be valid and, if not removed, the reader could contact the ombudsman office.

Just a reminder to all, NRS 116.31031 states that a board may not impose a fine not less than 30 days before the violation, provided that the unit owner received written notice within a reasonable time after the discovery of the violation, that the homeowner must be provided written notice specifying the details, the amount of the fine, date, time and location for a hearing and has a reasonable opportunity to contest the violation at a hearing.

What is new in the law is that a board member shall not participate in any hearing or cast any vote relating to a fine if the board member has not paid all of his assessments. If the delinquent board member should vote, the hearing would be void and the votes cast voided.

Also the Legislature has instructed the Commission for Common-Interest Communities and Condominium Hotels to establish due process standards for violation hearings from the right of counsel, the right to present witnesses and the right to present information relating to any conflict of interest of any board member.

As to a court case involving the fact that a buyer did not receive a copy of the covenants, I am unaware of that case or decision.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.