Can an HOA tell you where to park your vehicles?
Q: Can a homeowners association in Las Vegas impose fees for parking excess vehicles in the common areas or streets? The covenants, conditions and restrictions require that vehicles be parked in the unit’s garage.
Always enjoy the Sunday columns.
A: You would need to review your CC&Rs to see if your board has the authority to impose fees for parking excessive vehicles in the common areas or streets.
Q: I live in a small HOA with 68 homes. Our annual meeting and board elections will be held in September. A number of owners will be out of town and would like to vote.
How exactly does the proxy process work to be able to authorize someone to vote for the member/members who are not able to attend?
A: You would not need a proxy as you do not need to attend in person. Under Nevada Revised Statutes 116.3104 (15), the secret written ballot must be mailed to all unit owners who shall have at least 15 days to return the ballot to the association. A quorum is not required for the election of any member to the board.
If necessary, you should contact your association if you need your ballot to be mailed to a different location.
If the number of candidates are less than the number of vacant seats, the board does not need to mail out ballots.
Under this law, section 5b, the nominated candidates shall be deemed to be duly elected to the board at the owners’ meeting.
Q: Just a few questions.
When a builder builds a community, how do they chose a HOA?
Can you tell me if they get a commission? How does that work?
A: No, the developer does not receive a commission.
Developers choose management companies in the same manner as a board of directors choosing them, based upon recommendations, cost and reputations. In many cases, developers will use the same management company for multiple communities based upon their working relationships with the management company.
Barbara Holland, CPM, CMCA, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.
