Owner is required to pay HOA fine

Q: I’d like to know if our homeowners association can put a lien on an owner who’s tenant made a violation if that owner got fined and he refused to pay the fine.

A: The answer is yes. The law allows an association to foreclose on violation liens only if the liens pertain to health and safety violations. If the violation does not pertain to health and safety, the lien will just sit on the property. Liens are good for three years. After that, you would need to renew it.

Q: Our HOA contract with community management terminated on April 30. The board entered into a contract with a new community management on the April 1 rather than May 1. Old management performed till end. HOA paid April fees to both. Were both contracts valid on April 1?

A: Interesting. The old management company would be the managing firm until April 30. To be quite frank, I don’t know why your association would sign a new contract on April 1 as opposed to May 1 and pay two April management fees. That does not make sense to me.

Q: I requested a copy of my prepared remarks be submitted for inclusion in the minutes of the recent monthly board meeting as identified in NRS 116.3108.

My prepared document contained three separate quotes. All quotes related to the same subject matter. The first quote was made by a board member that appeared in the minutes of a previous open meeting. The second was a quote from the same board member that appeared in an email I received that contradicted what she stated at the board meeting. The last quote was an excerpt from a vendor sent to the management company which the board received that clarified a subject.

My request for inclusion was denied at the meeting. The minutes of that meeting stated, “the board is held in state confidentiality laws and is forbidden to discuss any allegation, regarding the business of any member in open session.” “Because one writer requested that the board attach her written summation of her alleged complaint to this minutes of this meeting, to avoid putting the board in violation of state law” a motion was then made by the board member quoted in both the minutes and email to deny my request, seconded and the motion carried. Please note the content of the document I requested be included identified conflicting board member responses and not identified as a new complaint.

My question, Barbara, was the board’s action to deny my request allowable under NRS?

A: NRS 116.3108 pertains to homeowners’ meetings not board meetings which are covered under NRS 116.31083. Under NRS 116.31083 subsection 8e, the law states, “the substance of remarks made by any unit’s owner who addresses the executive board at the meeting if the unit’s owner requests that the minutes reflect his or her remarks or if the unit’s owner has prepared written remarks, a cop of his or her prepared remarks if the unit’s owner submits a copy for inclusion.”

The board’s position is that the written remarks would breach confidentiality as there is some formal complaint which could be a legitimate response to the reader’s request.

I am unable to provide a clear answer to you as I have no knowledge of the details. You should contact the Nevada Real Estate Division to obtain a ruling from them.

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, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.

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