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.
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.
I appreciate your input to direct us how to handle this. We feel the Real Estate Division protects the management and not the homeowners. We have an investment here and want to be heard.
In this case, as an example, the association may not allow two adjacent homes to have a kelly green door. You need to contact the management company to find out their policy.
Subsection 1 states that regardless of the association is gated or enclosed, the association shall not regulate any road, street, alleyway or other thoroughfare the right-of-way, which is accepted by the state or local government for dedication as a road, street, alley or thoroughfare for public use.
The project pertained to palm trees in the community. After receiving the proposal from the current landscaper, the board decided to have this landscape project spread out over a three-year period. In essence, dividing the landscape into three sections. One section would be done each year until the project was completed. The work would be performed by the current landscape contractor. The board had some reservations about spreading the work over the three-year period.
The fact that the developer and or previous boards granted the variances does not necessarily negate the current and future boards from properly enforcing the association’s governing documents.
You should be able to find out if your account is with collections. Once you have that information, you should send a formal request to meet with the board to ask for a payment plan (which you are entitled under state law) and ask for them to waive the late fees, which is up to the board’s discretion.
The question becomes, at what point is a roommate, a tenant? Do you have a lease agreement with your friend? To an association board, once there is a lease agreement, you have a tenant living with you regardless of your friendship.
The Ombudsman Office can deal with the underfunded reserve issue at your association, which they have direct authorization to investigate. They maybe able to assist you as to the condition of your walkway.
We have a new state law pertaining to short-term rentals (AB 363). This law pertains to Clark County, cities of Las Vegas, North Las Vegas and Henderson. The law requires these local governments to adopt ordinances allowing short-term rentals where there is none currently or where there is a prohibition on short-term rentals.
