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Homeowner not exempt from city’s leash law

Q: I live in (an age-qualified) gated community in North Las Vegas I agree the citywide leash law is necessary. My question is can our homeowners association make exceptions within our gated community regarding this leash law should they choose to do so.

I have a 15-pound dog that follows me (like a puppy), has never been aggressive to anyone in his seven years. He minds my commands, etc, etc. I take him hiking without a leash,our hiking group thinks he is great.

Couldn’t/shouldn’t our HOA be able to make exceptions on a case-by-case basis?

A: The answer is no. Just because you live within an association does not exempt you from the city and county codes. In addition, next to slip-and-fall accidents dog bite lawsuits come in second in residential community lawsuits.

Q: One of our troubling executive HOA board members is approaching 90 days delinquent in payment of his dues and assessments. May we terminated his service? How do we do that?

Do we need our attorney to write a letter? What are the grounds for dismissal? I assume he has become ineligible. Because his term ends in January, is he prevented from running again after his dismissal?

A: You will not like the answers. No, the board cannot terminate his service as a director. Only the membership can vote to recall the director. Even if the director was recalled, he or she could submit their name as a candidate.

The current law allows a delinquent member to be a board candidate. Unfortunately, once that delinquent homeowner is a member of the board, he or she cannot participate or vote at a hearing. I tried to change the eligibility requirements this year at the Legislature but to no avail.

Q: Our HOA board passed a motion that we post certain documents affecting all homeowners because the board wants them to comment on them. But we do not have every homeowner’s email address. Can we just post it on the website or should the documents be mailed to homeowners address of record?

A: If the documents affect all homeowners, your association should mail them to them. You can send the documents by mail and by email.

Q: I have a question regarding an issue in our association. Following is background information.

Our association is high on one of the mountains facing the west. Therefore, the following issue is very important to the members.

Our association addresses full sweeping and partial distant views, and basically states, vegetation shall not exceed 19 feet over, between rooftops and between homes.

In our CC&Rs it states that the board has the right to require any member to remove, trim, top or prune any shrub, tree or hedge it and its committee believe impedes the view of any lot.

The association policy has always been for the management company to report overgrown trees to the board and the board then sends a letter to the homeowner to trim or top the tree.

In May, the management company was contacted and they were reporting overgrown trees to the board, but unknown to them the board had changed the rules. The board’s policy changed many months ago without notification to the membership.

In September, members were notified they must now issue a complaint of a tree blocking their view and the board will send a committee to the home to review the complaint.

A: If I am correctly reading your email, before the association sends a violation letter to a homeowner to trim their landscape, the members of the committee visit the home first in order to make a decision. I don’t see any problem with them visiting first-hand.

NOTE: The Las Vegas Institute of Real Estate Management Chapter 99 held its annual meeting with the installation of President Brenda Lovato, CPM, ARM and her 2014 board of directors who were sworn into office by Assemblyman Mark Hutchinson. Michelle Brown, CPM ARM, the 2013 outgoing president, presented a 35 membership year pin to Barbara Holland, CPM.

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 the Association Q&A, P.O. Box 7440, Las Vegas, Nev., 89125. Fax is 702-385-3759, email is support@hlrealty.com.

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