So what constitutes bullying in the first place? NRS 388.122, which is a mainstream law that does not specifically address HOA issues, provides some detailed explanations.
Barbara Holland
Barbara Holland
Homeowners do have the right to request in writing a copy of the signed contracts. Since the proposals are association records, a homeowner could request a copy of them as well.
The association cannot evict the tenant but could issue a violation letter that would be sent to the unit owner. Owners are responsible for the actions of their tenants and guests. If the disturbance was serious enough, a health, safety welfare violation could be issued.
Without reviewing any of your rules and regulations, it would appear to me that the towing of your vehicle was improper based upon the towing laws.
The question now is whether your association had the authority to establish this rule without the approval of the master association’s consent.
There comes a point where a homeowner seeking information from their association crosses the line where his or her actions become harassment. You should bring to your attorney’s attention, with specific details, the homeowner’s behavior.
I would recommend to you to first pay the assessment under protest, so as to avoid any additional fees. Second, send a certified letter requesting a breakdown of the delinquency and a hearing with the board.
You may want to consider running for the board. Many of your concerns are legitimate ones as to the communications to the owners.
Under Nevada Revised Statute 116.3107, with the exception provided in the association’s governing documents, the association has the duty to provide for the maintenance, repair and replacement of the common elements. Your street lights would fall under this law. You could file a complaint with the Nevada Real Estate Division.
There are some fights worth fighting. In your case, you should just complete the architectural request and not delay any more time in repairing your pool. I would need to review your architectural guidelines for a more definitive response.
In the last two columns, I have talked about the roles of the homeowner and the homeowners associations’ management companies. Finally, we come to the role of the board of directors. By law, this role encompasses such legal terms as fiduciary obligations, duty of care, application of business-judgment rule, good faith (Nevada Revised Statute 116.3103). Board members sign a document for the state that they have read and understand the governing documents of the association and NRS 116 to the best of their ability. (NRS 116 31034 (15).
The role of the community management company is spelled out in its management agreement with the association and the role of its managers spelled out in NRS and Nevada Administrative Code 116 state laws and regulations.
What are the roles of the homeowners, management and board of directors in a homeowner association?
You or your association would need an attorney to review the governing documents and any other pertinent information pertaining to the legal relationship between the association and the country club/golf course. This information would provide you with the answer as to the country club/golf course’s financial obligations. If the information shows that country club/golf course should be absorbing more of the operating costs, your association would need to get involved with the assistance of their attorney to make changes with them.
NRS 116.31036 addresses the removal process. The law has two requirements. The first is that at least 35 percent of the total number of voting members submit their ballots. Second, assuming that the association met the first requirement of the 35 percent, at least a majority of all the votes cast voted to remove the directors. Both requirements must be met in order to remove directors.