48°F
weather icon Cloudy

Neighbor’s noisy pool pump creates disturbance

Updated May 2, 2023 - 3:24 pm

Q: I have questions about pool pump noise/nuisance:

The neighbor installed a pool pump that is located approximately 8 feet from our bedrooms and baths, running 24/7 and makes a noise that affects my wife and I. It is uncovered and makes a loud enough noise that we consider the pump noise to be a nuisance to our quality of living in our home.

1. Can a pool pump run 24/7?

2. How do we go about suppressing the loud noise that we are incurring on a day and night basis?

My wife and I look forward to hearing your thoughts in regard to this matter.

A: In order to prevent stagnant water, pumps are used to circulate the water. The rule of thumb is 8 hours depending upon the size of the pool.

You should consider speaking directly with your neighbor to see if he or she is willing to change the amount of hours and or change the schedule of hours by which the pool pump is running.

Your association may not be willing to become involved as this kind of problem is often considered neighbor to neighbor.

As a footnote, the commercial pools at associations are required to run 24 hours.

Q: I have been a homeowner in Las Vegas since 2012. I haven’t had any issues until recently. I received a bill for $821 on December 24, 2022. Out of that, $92 is the quarterly charge, while the balance forward is $729. The $729 on the bill is included as a total, and it doesn’t break it down into individual line items. The bill was shocking, mainly the balance forward, as I pay all my bills on time and have a credit score of 800-plus. I have always paid every invoice, especially my HOA bill. I figured something must be wrong, they might have not been billing me all of this time.

I immediately contacted the management company on the day I received the letter. I left a voicemail, no response from them. I contacted them again on Jan. 3, I left a voicemail and no response. My wife finally spoke to someone on Jan. 5 after a third attempt was made by us to get more information about the bill. Their claim over the phone is that they have been sending notices/invoices to us and that we have not paid since late 2021. The $729 includes late fees and a $300 collection fee. I would swear on a stack of Bibles that I never received one invoice or notice until the most recent one on Dec. 24. I check my mail daily, and I pay every bill on time as they come in, and this is evident based on my credit score. This is why all of this was such a shock to me. I also have no issue paying a $92 bill quarterly. It’s a small amount for an HOA fee.

My wife was able to get the email address from their billing person, and I emailed them yesterday with a written request to provide me with a line item breakdown of the $729, so I know what I am paying for, as well as copies of notices/invoices that were supposedly sent out to me as I have no records of it. I truly believe this is an issue with their management company’s billing system. I run an organization where we bill customers regularly, this company’s billing practices seem strange to me. This may be an attempt by them to collect additional fees or incompetence by their accounting department. They also did not attempt to contact me by phone or any other way.

I am ready to send them a check for the $821 and call it a day. However, I would like to know if there are any options for me to file a complaint against this management company. I am worried they are doing the same to other homeowners and might do it to me in the future.

A: If you have not asked for a hearing to dispute the late fees and the collection charges, you should request one. This would allow the board to hear from you as to why the charges should not have been assessed against your account. If you want to file a complaint against the association or the management company, you would need to contact the Nevada Real Estate Division located on West Sahara Avenue.

Barbara Holland, CPM is an author, educator, expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com

MOST READ
Exco Sidebar
Don't miss the big stories. Like us on Facebook.
MORE STORIES
THE LATEST
Federal ruling temporarily blocks Corporate Transparency Act

Community Associations Institute applauds the Dec. 3 decision by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop, Inc., et al. v. Garland, et al. to issue a preliminary nationwide injunction against the Corporate Transparency Act.

Disabled vet’s wife upset about flags improperly displayed

You may want to contact one of the local branch offices of the United States Armed Forces for assistance. Perhaps you could obtain a formal letter from them concerning the flying of the United States flag.

Here is what the law says about service animals

Your board can contact the local Department of Housing and Urban Development office to discuss the specifics of your association, such as these dogs who may possess a possible threat to another individual.

Pahrump community has questions about new development

Under Nevada Revised Statutes 116.3108 (2), an association shall hold a special meeting of the unit owners to address any matter affecting the community if at least 10 percent or any lower percentage specified in the bylaws of the total number of votes in the association request that the secretary call such a meeting.

HOA assessments keep increasing

You would need to review the governing documents of the association as to the percent increase the board can assess, with or without homeowner approval.

Legal action continues over Corporate Transparency Act’s reach

Thomas M. Skiba, CAE, is the CEO for Community Associations Institute. In today’s column he gives a very important update regarding Community Associations Institute v. U.S. Department of Treasury. This challenges the Corporate Transparency Act and its applicability to community associations nationwide.

Trash days always seem to be windy days

You could write a personal letter to each board member asking them to address the trash issue by proposing a regulation that all trash must be in containers or in proper trash bags.

HOA board cannot arbitrary enforce violations

Under subsection 4 of this law, the board’s decision to enforce one set of circumstances does not prevent the board from taking enforcement action under another set of circumstances but the board may not be arbitrary or capricious in taking enforcement action.

HOA board members must disclose conflict of interest

Under the law, each HOA board candidate must make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or appeal to a reasonable person to result in potential conflict of interest in serving on the board.