Report barking dogs to Animal Control

Q: I read an article you wrote online regarding barking dogs when living in an homeowners association.

I have been researching this because the board members of my HOA are not helping me regarding horrible dogs that bark eight hours a day when owner is at work. They say its a neighbor issue. My former management company did consider the dogs a nuisance.

I am considering complaining to the ombudsman.

A: You need to document the noise, maybe even recording it along with the date and time. Then directly contact the Clark County Animal Control for action. Animal Control will not respond to a complaint from the association or management company; complaints must come from the homeowner.

As to filing a complaint with the Ombudsman Office, to be quite frank, they really need to use their resources for more serious issues.

Unless your association has a specific regulations pertaining to animals and, in this case, barking dogs, the association has a right to decide what constitutes a “nuisance.” It truly is a neighbor matter.

Q: My question is regarding whether or not a homeowner who purchased prior to 2004 can lease their unit without regard to a rental list held by the HOA board, and is there a Nevada Revised Statutes number to identify the law.

A: NRS 116.355 states that unless the HOA’s covenants conditions and restrictions prohibited the owner from renting or leasing the unit at the time of purchase, the association may not prohibit the owner from renting or leasing the home. This law also applies to the requirement of a unit owner obtaining approval to rent or to lease. If that requirement was passed after the unit owner purchased the home, it would not apply to the homeowner.

NRS 116.355 passed in 2005. It basically froze any association from passing new regulations that would restrict the leasing or renting of a home. In addition, if the association had a rental cap before the law was passed, the new law prohibited associations from decreasing the rental cap.

You need to find out when the association’s rental restriction took effect. If you, for example, purchased the home in 2003 and the association passed a rental restriction in 2004, the rental restriction would not apply to you.

The association is allowed to obtain a copy of the lease or rental agreement from the unit owner. The association may not charge a fee to the unit owner for the registration or submission of information.

If the association has a rental cap and if that cap was reached, the law allows the association to grant a waiver to an owner who could demonstrate that he or she needed to rent the unit based upon economic hardship.

Note: The state’s Real Estate Division Office of the Ombudsman holds free monthly HOA education classes. Here are a few that have been scheduled: hiring experts and professionals 2:30 to 4:30 p.m. Wednesday , Solera at Anthem, 2401 Somersworth Drive in Henderson; how to file a complaint, 10 a.m. to noon April 18, Bradley Building, 2501 E. Sahara Ave.; Q&A Forum, 9 to 10 a.m. April 19, room 1100, Sawyer Building, 555 E. Washington Ave.; meetings and parliamentary procedures, 2 to 4 p.m. April 23, Bradley Building, 2501 E. Sahara Ave.; community association managers, 2 to 4 p.m. April 25, Bradley Building, 2501 E. Sahara Ave.

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.