HOA should clean up foreclosed home’s yard
Q: I live in a homeowners' association that told me I had to clean up some weeds in my front yard or they would fine me. Granted I had a few clumps. I hired a landscaping company to come out and fix up the front and backyard.
However, the house next door went into foreclosure. It looks like a scene from "Nightmare on HOA Street." The weeds are hip-high and spilling into my driveway. Also, my new landscaping company pointed out to me that the home's dead pine tree is leaning over in my direction, and a good wind could have it crashing down on my house. In addition, there is a giant bee hive hanging from the roof. I hope I'm not allergic.
Here's my beef. My house -- before I cleaned it up -- looked like Martha Stewart lived there compared to this jungle-reclaimed mess. Still, I get the hassle. In any case. My HOA says there is nothing it can do about the condition of the foreclosed home. Is this true. Pretty soon, the weeds will grow over my driveway. Then I will get another notice from my HOA warning me to clean up or else!
A: No, it is not true. The association can take the proper due process steps and clean up the neighbor's yard. The cost for doing this work can be assessed against the homeowner's account.
The association can submit this information to the collection company as the cost for the maintenance is classified as a super lien according to NRS116 laws that were passed in 2009.
In addition, you can contact the municipality where you reside and file a formal complaint as the 2009 laws that were passed allows the municipality to take action and to assess fines on the owner of the property.
Q: I'd appreciate a verification that the new owner reserve account fee, or the one-time capitalization fee, which is to be paid by the homebuyer, is legal. You have said in the past that this is common practice.
Also, can the HOA board implement these fees without a vote of the homeowners, like the monthly dues.
A: The collection of reserves from new homeowners is not a new concept. Developers have been requiring one to four months of assessments payable at the time of closing to be deposited into the association's reserves account for many years.
There are associations where the collection of reserves from buyers are even found in their covenants.
You will have to review the governing documents of your association to see if the collection is permissible.
If so, the implantation of the reserve collection policy would need to be noticed in an agenda prior to the board voting on the policy. If you cannot find explicit authority to implement the new policy, legal counsel should review the documents to see if it is prohibited and, if not, the association could implement the policy upon notice to the homeowners.
Q: Having read you articles on HOAs, my question is how do we terminate ours? Our association has been raising our fees for years without providing an increase in services. They actually do far less now than they did in 2000 when the community was formed.
A: NRS 116.2118 pertains to the termination of an association. This is a complex process that requires at least 80 percent of the votes of the association to approve it. Some community covenants require a larger percentage. Also, the lenders would need to approve it. The actual termination becomes complicated, especially for condominiums more so than the single-family communities. For example, how do you pay for the water bills or the common area electricity. Even if you were to split the expenses by unit, without an association, the collection of each owner's share would be more difficult as you would not have the same means of enforcement as you do under an association's covenants.
Your dissatisfaction could be easier obtained by electing more responsive board members and changing the management company.
Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, email support@hlrealty.com.
