Condo has rental restrictions

Q: I recently purchased a small condominium that would be perfect for an executive or short-term rental. My condo rules and regulations stipulate the tenant must have a written lease not less than six months, and the homeowners association requires a copy of that lease. The executive rental agent informs me that short-term leasing arrangements are permissible in Las Vegas and the condo’s rule concerning a lease shorter than six months is unenforceable. Is it unenforceable? Can the association impose fines for this rule violation?

A: Your real estate agent is wrong. First, you should check your community’s covenants, conditions and restrictions, as most will have a specific section stating that any lease or rental agreement cannot be less than six months. Second, even Nevada Revised Statutes 116.335 and NRS 116.340 states that no lease or rental agreement can be less than 30 days.

Your association can fine you for violating its six months’ requirement.

Q: I’m wondering if you might have a legal reference for the requirement of an HOA or a homeowner to trim intruding branches over property walls of the tree they own.

We have common area trees that we have trimmed every few years as needed. We have never considered cutting branches at the property line. Our position has been that as the offended property owner, you may have them cut off at your property line at your expense and from your side of the property. Yes, we recommend you ask the tree owner to have it done and to share the cost. If not it is your problem to cure, unless you know something we don’t.

A: I cannot specifically provide any State Supreme Court decisions or any specific NRS 116 laws (which I believe there are none). What I can state is that you need to review your association’s covenants. Under the maintenance sections pertaining to the homeowners obligations and the association’s obligations, both the homeowner and the association have an obligation to properly maintain their homes.

Homeowners must realize that their tree branches growing over their shared fence with their neighbors can be causing multiple damages — from leaves falling into swimming pools to actual damages to their shared walls.

The catch-22 is when the neighbor begins to trim the tree belonging to the other homeowner. If the work is not done properly, you know that the offending neighbor will try to seek damages from the neighbor who trimmed the tree if that tree became damaged.

The association has the same responsibility to maintain its trees so that they do not impact homeowners’ properties. We all have an obligation to be a “good neighbor” and to make sure we are properly trimming our trees when needed.

Q: I live in Las Vegas and am considering filing a small claims action against my HOA and wondering if it’s in the realm of possibility? Had filed a request previously for reimbursement with the association, which was rejected but the rationale used to deny it has an “aroma” to it. If successful or not, would like to make the effort.

A: It depends upon the kind of reimbursement. For example, the association caused some kind of physical damage to your home or to your property; that is a claim that could be filed in small claims. If you are filing a claim against the association for it to reimburse you for the fines or late fees that you paid in order to avoid any foreclosure action, you would not be able to first file a claim with the courts. For this kind of action, the law requires you to exhaust all administrative alternative before filing an action with the courts. You would have to contact the state’s Ombudsman Office to see what options would be best for your situation.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.