Homeowner wants money after beating HOA in court
Q: After many unsuccessful attempts to reason with my homeowners association regarding a matter of damage to my personal property, I was forced to sue it in small claims court. The judge ruled in my favor.
Now, once again the delay tactics have begun. What recourse do I have to collect the money due me from the HOA? I have been a responsible homeowner for many years, abiding by the covenants, conditions and restrictions and rules and regulations. What about the responsibility of the HOA? Do I need to go to a lawyer to force it to reimburse me? Of course, these unnecessary fees will need to be paid by the HOA since I've already won this case.
A: If you have a ruling from the judge, contact the sheriff's department. You will need the judgment from the court so it can attach the association's funds.
Q: I love your Saturday articles. I cut every one out and save them in a binder, even if I am familiar with the issue. It's always good to keep on top of issues and refresh your memory once in a while.
My question is: Can our HOA have a workshop with seven board members to review the books a week before the actual board meeting, so the board members (four are new) can become familiar with the issues?
Of course, no decisions will be made. I know I will have to post the notice of the workshop. The homeowners can attend but cannot participate or interrupt the board members as they review the books.
A: As far as the state ombudsman's office is concerned, more than two board members constitute a board meeting. In notifying the membership of these workshops, are you sending notice to all members and not just posting this information in the common areas?
If you are not sending notices to all members, you would definitely have a problem as to Nevada Revised Statutes meeting laws.
The other issue is that often in workshops, decisions are in fact made. They may not be made consciously, but through the questions and answers a board member may ask. How the information is answered can often lead to a decision as to how that member may vote at the board meeting.
If you need to have a training session with new board members as to how to read financial reports or other business forms as part of an educational session, that would be a different matter. Remember, any suggestions that may come from these training sessions, you would need to place on the board's meeting agenda.
Note: We need to come out in force for the meeting of the Southern Nevada Water Authority at 9 a.m. Thursday at the Molasky Corporate Center, 100 City Parkway, Suite 700.
If we are going to see any kind of modification of the new water fees, we need to tell our story, now that we have seen our increases.
You need to prepare a chart listing the names of your properties, addresses and account numbers, the dollar increase and the percent increase.
If you cannot attend this meeting, forward this information to bholland@hlrealty.com, and I will make sure that the SNWA board gets the information.
We don't know yet whether the topic will be listed on the agenda. If it is not, we can speak during the public comment section. We need a show of strength on this issue.
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. Her fax number is 385-3759, or she can be reached by email at support@hlrealty.com. Holland is also available to speak at your organization or company.
