Barbara Holland
If the president resigns and if there are no other homeowners willing to serve, the Nevada Real Estate Division would appoint a receiver to manage the association who in turn would select a management company to manage the association until that time the association has recovered from the resignations.
Note: I have invited Las Vegas attorney Avece M. Higbee to write this column to answer a reader’s question about health and safety fines.
Under the Fair Housing Act laws, “reasonable accommodations” need to be provided upon written request. Your association needs to buy a good microphone/sound system.
Depending upon the board, many associations do not provide direct contact information with the directors. Instead, correspondence to the board is to be sent to the community manager. The primary reason is that too often the contact information is misused by residents who will call directors regardless of the time; or visit their homes. Association business should be conducted at board meetings and through the management company.
Q: Heard from a friend living in a nearby community that his HOA is being sued. Reports are that some kid on a bike crashed into a palm tree and cut his arm. No details exactly where this vicious tree was: adjacent to a sidewalk, on a remote slope of the common elements, etc. Appears the tree was trimmed in the usual way where there are short pieces of the “fronds” still attached. Pieces must have been sharp enough to cause the injury. Our board has discussed this matter and is wondering if “shaving” or “skinning” the trunks is warranted — at least up to 8 feet to 10 feet in height. Not sure if either term is correct but it produces a “textured” and not one with, uh, sharp edges. Do we really have to go to this extreme? Would every HOA, park, casino, etc have to do the same? How idiot-proof can you make an environment? Pad the streets so if someone fell, they wouldn’t hurt themselves? Pad block walls so if someone bumped into them, they wouldn’t hurt themselves? The potential cost to shave trees could be enormous on anyone or everyone owning a potentially deadly palm tree. Is this bordering on absurdity?
As a board member, you are entitled to copies of letters being sent to homeowners. Per your fiduciary responsibilities, board member are to keep confidentiality of such violation letters.
One of the most important functions that a board of directors has pertains to the transition of control from declarant (the developer) to a homeowner-controlled board of directors.
The notice of the board meeting under NRS 116.31083, subsection 5, states that it must include the time and place of the meeting and include a copy of the agenda or the date on which the agenda and the location of copies of the agenda may be conveniently obtained by the owners. The agenda must comply with subsection 4 of NRS 116.3108, which states the agenda must consist of a clear and complete statement of the topics to be considered, including a list describing the items on which action may be taken. In an emergency, action may be taken where an item was not listed on the original agenda.
Many apartment associations have excellent covenants within their lease agreements pertaining to the tenant’s responsibilities pertaining to roaches and mold. You may want to contact the Nevada Apartment Association to assist you In obtaining these forms. These roaches and mold addendums could be sent to your homeowners, who lease their homes that would not only afford some protection to their units but also to the remaining units within each building.
With all due respect, associations do have value. Starting with the fundamental value, associations provide housing. For many associations, their amenities, such as basketball courts, tennis courts, volley ball courts, exercise facilities, swimming pools and spas, recreational rooms for association and private events, (which may have a rental charge) billiards, etc are included in their regular assessments, saving hundreds of dollars as homeowners can skip joining athletic clubs.
An estate sale or estate liquidation is a sale or auction to dispose of substantial portion of the materials owned by a person who is recently deceased or who must dispose of his or her personal property to facilitate a move. These sales are used when someone is in need of a way to sell items due to downsizing, moving, divorce, bankruptcy or death. Often the estate sale is required due to a court decision.
I wanted to take some time this week to talk about how to handle neighbor disputes in our communities. Our homeowners associations can no longer ignore these situations. When neighbors are having a dispute with each other, often times community managers will direct them to settle it among themselves or involve a mediator if necessary. However, in some cases, the association may be able to take action.
Nevada Revised Statutes 116.3115 (2b) states that associations shall establish adequate reserves to be funded on a reasonable basis. This section of the law also states that associations may establish a funding plan that is designated to allocate the costs for the repair, replacement and restorations of the major components of the common elements over a period of years. The funding plan must be financially sound and must ensure that sufficient money is available when the repairs, replacements and restorations are necessary.
Editor’s note: This column first appeared in the Community Interests, a publication for Community Associations Institute, Nevada chapter.
Unless your CCRs has a section that allows higher monthly association fees on owners who violate regulations, you would not be able to increase the investors a higher fee.
