Security team can report traffic violations, cannot issue tickets

NOTE: The Southern Nevada Health District is inviting community and property managers, homeowners and HOA directors and their pool contractors to two special meetings to address the Virginia Graeme Baker Pool and Spa Safety Act about new safety measures for pools and spas. The informational meetings will be held March 18 and 21, from 9 a.m. to noon at Ravenholt Public Health Center, 625 Shadow Lane.

Q: My housing association has adopted the policy of allowing our security company to enforce traffic laws and also to issue $50 fines. Is this legal? I'd appreciate any information, thanks. -- S.T.

A: There currently is no state law to prevent the security company from enforcing the traffic laws within a private community with private streets.

There was a proposed bill during the 2007 legislative session that would have prohibited the practice but this proposed bill did not pass. I anticipate that we will see it again during this legislative session.

As to fining a homeowner, only the board can do that. The security company can report a traffic violation to the board, which would then have to send you a hearing notice. Fines can only be assessed against your account after a hearing has been held and the board has voted to uphold the violation.

Q: Let me begin by saying how your newspaper articles are enjoyed and appreciated.

We own and live in a triplex in Henderson (Old Vegas Ranch). Our unit's garage was damaged from a flooded bath from the unit above us (that unit stretches across all three garages). Just so happens our garage was under that unit's second bath.

The occupants were renters. After reading the covenants, conditions and restrictions, we found the owner is responsible for the tenants.

The damages total more than $1,800, which we have already paid in repairs. During the course of this situation we kept records, took pictures of the repair stages. So we have a lot of documentation.

My question is: What recourse do we have as the victims if the owner does not reimburse us for the bill?

We do have homeowners insurance with $1,000 deductible, but why should our insurance pay anything? Why should we have to absorb the first $1,000 for the deductible?

The fact is the other unit homeowner is totally responsible; we did nothing to cause any of this situation.

Should we go to small claims court or put a lien on the property if their insurance won't pay?

My husband and I are senior citizens and in all our years we have never experienced anything like this situation.

We only wanted our garage ceiling repaired so it would be in good condition like it was before the flooding. Our garage was all finished and painted white. The flooding not only required the stained and damaged areas to be repaired, but we had to repaint the entire two-car garage to match the color -- M.C., Henderson.

A:. The owner of the above unit is ultimately responsible for his residence. The owner may or may not have additional insurance coverage beyond that of the association's insurance policy.

You can obtain the name and address of this owner through county public records. Check the assessor's records.

In addition, you can ask the renters for the name of their management company.

A demand letter would then be sent to all parties, owner, management company and the renters for the reimbursement of damages.

If no one responds, you can then file a small claims action against all of the parties. Assuming that you win in court, you can file papers to attach the rent of the owner's unit, if the owner does not reimbursement you.

If there is a management company, you can ask for the name and phone number of the insurance agent for that unit.

Once you have contacted the insurance representative, you would then submit all of your documentation. Your insurance agent may be able to assist you in getting reimbursed for any expenses that your insurance company did not pay and to get back your deductible.

Homeowners, especially those who live in condominiums and town houses, need to have additional coverage beyond that of the association's insurance policy, which is considered the primary policy. Ask your insurance agent to provide you with a bid for an HO6 policy. This policy can supplement your association's policy and is well worth the expense. Remember that your association's policy does not include any upgrades in your improvements or personal property. For example, if you have jewelry that is worth more than $ 5,000, you should have it appraised and then obtain the proper coverage for it. If you have a renter, you absolutely need a special insurance policy to cover any loss of rents due to some catastrophe which causes a loss of rent. A supplemental policy would cover the deductible for the association's insurance policy.

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 e-mail at support@hlrealty.com.