Problems with unruly teens must be addressed by police
January 22, 2011 - 12:00 am
Q: I am a homeowner in a community with a homeowners association that is experiencing an issue with a homeowner that allows teenagers to assemble and party at his home while he is present. This situation includes racing cars, screaming teens, trash, inebriated teenagers and has now escalated to a teen assaulting my husband and threatening his and our son's life.
We are in contact with the Las Vegas Metropolitan Police Department about the situation and I am working with other homeowners to follow the advice provided from a community outreach officer and officers that arrive on the scene. In the past, we attempted to work through our HOA board members to get advice from our management company but the situation was not resolved. What are our rights and how can we address this problem so that we can push our board and the management company in the right direction legally? The situation has been going on for four years and it's time for a resolution.
A: Unfortunately, you will not like my response. The problem is with the homeowner's son. This is not an issue where the disturbance was a result of tenants living in the home. If it were tenants, the association could place pressure on the homeowner to have the tenants evicted. Homeowner associations cannot evict homeowners for such disturbances. The only thing that the association can do is to send a courtesy notice based on the nuisance sections of their covenants and or rules and regulations. If the problem continues as you have indicated, the association would then send a hearing fine notice. The bottom line is that the association can fine the homeowner but that does not mean that the homeowner will comply with either the paying of the fines or fines or comply by keeping his teenager and friends in check.
If the teen assaulted your husband and threaten his life, that is an issue that must be addressed with Metro and the district attorney.
There are city and county codes pertaining to noise and disturbances. Unfortunately, the homeowner would have to contact Metro every time the code is violated. Hopefully, the police would arrive in a timely manner to arrest underage teens who were drinking and talk to the homeowner.
Q: The two-member board along with the transition committee are examining a management company's proposal to manage our community. Is there a need to invite other homeowners to examine the proposal? And is there a law that governs in this situation?
A: in answering this question, I am assuming that the board first obtained sealed bids that they opened at a board meeting and then gave the bids for the transition committee to review.
The decision to fire and to hire is that of the board of directors. You have a transition committee, which is good. Once the committee has a recommendation to make to the board, the board will then need to place an action item in its meeting agenda to the homeowners to approve the selection of the new management company with a formal vote by the board. At the meeting, the board can explain why the change is necessary and explain the services of the new management company. There is no need for other owners to review the proposal if the board feels that the transition committee has done its proper job.
Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.