HOA can’t make all owners foot the bill for things that don’t benefit all residents

Q: Our homeowners association has two distinct sections. One section is walled and the other section is on a public street. The walled section has private streets with common areas.

The HOA has been spending money on the walled area. For example, that area has a security patrol that does not include the private street. They are also planning to put in a pedestrian gate in the walled area.

All homeowners are assessed the same amount each month. However, Section 6.2 of our covenants, conditions and restrictions reads as follows:

“All amounts received as Common Assessments must be used and disbursed solely for purposes authorized by this Declaration and to the common benefit of all Owners.”

We believe that money should not be spent on the walled section because it does that does not benefit the homeowners who live on the private street.

Do you have a list of attorneys that practice real estate law and, in particular, are expert on Nevada Revised Statutes 116?

A: You need to review other sections of your community’s CC&Rs. There should be a section there pertaining to the maintenance of the association. In this section, what is described?

Second, you need to review the reserve study to determine what specifically is listed as common elements the association needs to fund and maintain.

As to a planned pedestrian gate, if there is currently no pedestrian gate, the funds to install a gate must come from the operating account and not the reserve account.

As to the gate and the security patrol, which would only serve one section of the association, I direct you to NRS 116.3115 subsection 4b, which states, “... any common expense benefiting fewer than all of the units or their owners may be assessed exclusively against the units or unit owners benefited.”

Your association should be reviewing its budget for this year as it appears it should make some changes in the allocation of the common element assessments.

Q: My condominium association changed the lock on the pool gate without informing anyone. Since our key would not open the gate I called the management company and they informed me if I want the new key it’s a $10 charge, and I would have to travel to their offices on the other side of town. I think this is wrong. What do you think about this?

A: It is not unusual for an association to change the locks on the pool after the season is over. Sometimes this is due to the fact that there have been issues with unauthorized people using the pool.

Sometimes. the change in locks are due to the fact that they have not been changed for many years and too many nonresidents (who were residents) still have keys to the pool.

Yes, the association should have informed the homeowners of the changes to the lock.

As to traveling to the management company, this is not unusual as often associations want to register the keys and want verification that the person who is receiving the key is the community homeowner.

Note: The state’s Real Estate Division’s Office of the Ombudsman holds free monthly HOA education classes. Here are some scheduled for this month: an overview of NRS & NAC 116, 3-5 p.m., Tuesday, Solera at Anthem, 2401 Somersworth Drive, Henderson; open Q&A forum, 3-4 p.m. Feb. 15, Bradley Building, 2501 E. Sahara Ave.; meetings and elections, 2-4 p.m., Feb. 19, Bradley Building, 2501 E. Sahara Ave.; administration and enforcement of NRS 116, 3-5 p.m. Feb. 21, Paseo Verde Library, 280 S. Green Valley Parkway, Henderson; open Q&A forum, 10:30- 11:30 a.m. Feb. 23, Clark County Library, 1401 E. Flamingo Road.

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.