Rat out the HOA to Health District

Q: Barbara, we live in a small homeowners association in Summerlin that is run as a “mom and pop” operation with one board member who has been running everything for more than 10 years. Several months ago we had a roof rat problem, perhaps due to the trees that overhang the roof.

I called the management company asking for an exterminator to check the roof for areas of entry (we had damage in our kitchen and master bath). The board member called me back and said they were sending a roofer to check the roof. He said nothing needed to be done because the only areas of entry he found were around the vents.

A property management company representative said they would trim the trees back. I asked for the vents to be covered with hardware cloth, an accepted method of rat entry prevention. Last I heard from the management company was Jan. 28, saying the trees would be cut back and roof repairs completed.

That hasn’t happened and now she will not answer calls or emails, so I guess next is an attorney. Can you offer any agencies I can file a complaint with? We have open holes in our kitchen and bath that we cannot close until the roof rat problem is eradicated by closing points of entry, which is now apparently being denied to us.

Where do we go from here? Yes, we can have an exterminator repair the roof but our roof is conjoined with two other roofs under a common one, and we will not accept responsibility from something that is an association problem.

A: I am assuming the maintenance and repairs of the roofs are the responsibility of the association.

Here are the steps I would take: First, call back the property management company and speak to the community manager to learn the status of the tree trimming and vents. If no action is being considered, let the management company know that if appropriate action is not taken you will have no other choice but to contact the Southern Nevada Health District as the rat problem is a health and safety issue.

If you do not receive any satisfaction from the health district, an attorney may be necessary to intervene on your behalf. Conceivably, you could end up making these repairs and taking the association to court for reimbursement of these expenses.

Q: I have had a plumbing problem outside of my house at the main drain. My house is the first off the main street of a cul-de-sac. All but one plumber agree that all the houses on my side of the street are on one line and I get the sewage last.

My house was built in the 1970s. I have gone to the association management about the issue. Now, it has happened again. This blockage is 10 feet from the side of my house in the common area.

I’m hoping the association sends its plumber out, and hopefully he will say the same thing.

My last plumbing calls were in November ($236) and January ($180). I can’t keep paying these bills. What is my choice?

A: You did not send me any copies of your governing documents that would indicate when the association is responsible for plumbing problems, and when homeowners are responsible for them. In addition, I do not know where the cleanouts are located within the plumbing lines that run down the street.

Assuming the plumbing problems pertain to the individual homeowners, if there are individual cleanouts for each home, the association could send letters to all the homeowners regarding their responsibility of cleaning out the lines on a regular basis. Depending upon the association’s governing documents, it could possibly fine homeowners who did not comply with this requests.

You should attend the next HOA meeting and bring this issue to its attention. If the association does not have a meeting this month, you can visit the management company and discuss this issue with the community manager.

Unfortunately, this plumbing problem is not an easy fix. There are not too many options of what physically could be changed as to the plumbing system within this community. Unless the pipes are cleaned on a regular basis, you will continue to experience this sewage backup.

Q: Our HOA board of directors has taken liberty with our dues and has paid for their food and drinks during the executive board meetings. They also held an end-of-year party that included their spouses. They call it an entertainment or special event expense. Is the board allowed to pay for their private parties with our dues? It makes one wonder what other favors benefited those on the board.

A: Although, there is no specific law in Nevada Revised Statutes 116, there is a fine line as to whether the party that included spouses is a form of compensation. Most governing documents state that board members are not to be compensated.

In any event, unless the food and drinks during the executive board meetings have been included in your operating budgets, that were approved by the membership, it is an inappropriate expense especially in light of the recession here in Southern Nevada.

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. Fax is 702-385-3759, email is support@hlrealty.com. Holland is also available to speak at your organization or company.