Condo owner thought cable was included in HOA dues
Q: I recently bought a condo and the management company provided me with a list of what was included in my monthly assessment before the sale. They said that water, sewer, cable TV signal, trash collection, property insurance, contributions to the reserve account and maintenance of the common areas were all included.
After the sale when I tried to get a cable signal and found none I contacted the management company to ask how to get the cable signal. Their response was that the box that indicated the cable signal was included was in error and that they would not supply any cable signal. Do I have any legal recourse to make them supply the cable signal they said they would provide before the sale? Thanks for your help!
A: First, you should verify who provided you with the information as to the expenses that are included in the association dues. From the letter, it appears that there is a cable box but that you would have to contact a cable company for access to the programming. You should also check with his real estate sales person. Was cable included in the listing or in your offer to purchase? If you wanted to pursue the matter, you would need to first send a demand letter before filing with civil small claims in court.
Q: Can you lead me to any Nevada Revised Statutes or county ordinances that might address street parking in a gated community? Is it prohibited or at the discretion of the community through the covenants, conditions and restrictions.
A: NRS 116.3102 (1r) allows an association to enforce street parking regulations on private streets per the towing laws found in NRS 487.038 (such as parking in front of fire hydrant) and in this NRS statute if there are specific requirements in the governing documents (such as no overnight parking).
Q: I have been a resident of my development for the past six years. We built this home from the ground up. Just recently our homeowners association hired a new management company. It is writing us (the residents) up for random violations that the old HOA never did.
My question: Is there a clause of some sort stating that if the old management didn’t have any issues, concerns or present with any violations with our property that the new company can’t come in after six years of being part of this community and start with new violations?
A: It depends. First, you need a copy of the governing documents including the rules and regulations and any architectural guidelines. The violation letters should have already included what violations exist, the photographs of the violations and citing the specific sections of the governing documents that was in noncompliance.
Second, if the violations pertain to architectural issues from when you first built your home, your association would have a difficult time in enforcement because of the length of time, especially if any of the violations are requiring you to remove any of your improvements.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.
