Gated community has private streets

Q: I am a homeowner and resident who lives in a gated area on the northeast side of the Las Vegas Valley. We have a problem with children and adults playing on the streets and riding their skateboards in our community. This type of activity creates an unsafe nuisance and disrupts our community and drivers. We were informed by authorities (not our homeowners association) that there are state laws prohibiting this type of activity on streets and roads.

I’m going through a situation that involves this type of activity when I confronted by the involved resident and her guests. I could be considered the complainant in this situation. Our patrol and police were involved. I want to have a hearing to solve these problems. We have been waiting over two weeks with no response from our HOA. I have called numerous times and feel like they are taking their time in solving my problem.

My question is how long does it take to set up a hearing and what can be done to create a rule to prohibit this type of activity through our HOA. Formal complaint forms were handed in two weeks agon. One complaint was handed in previously four months ago. This latest one happened two weeks ago.

To me, our HAO board members think this isn’t a serious problem. I guess they are waiting for someone to get injured or worse. I felt threatened when the resident and guest approached me at my home. If this problem is not resolved it is possible things could get out of hand.

A: You live in a gated community. The streets within the community are private, which would allow the association to regulate the activity on the streets by passing appropriate rules if none exist now. Boards are required to follow due process, a series of steps that must be taken when they are considering sending a violation notice to offending parties. Because of privacy law, the complaining homeowner is not privy to the actions the board may take against an offender. For the majority of violations, the only final actions that an association may take is to fine the homeowners on a weekly basis. As mentioned a number of times in this column, fining a homeowner does not necessarily equate to compliance.

You have not “filled in the blanks” as it appears that there was some kind of altercation between you and the involved resident and his guests. Apparently, you are under the impression the association will take some formal action against the resident. Without additional information, I cannot make any specific comments.

Boards can establish new rules as long as they are consistent with the governing documents and the consideration of a new rule has been placed on the board’s meeting agenda. Once a rule has been passed, the association has 30 days in which to inform the homeowners and residents of its existence. It is important to note that new rules do not go into enforcement until 30 days after the document is provided to the membership.

You said you felt threaten. We don’t know the actions the patrol or the police took in the incident that occurred, you need to realize that associations are not law enforcement agencies. If a problem continues between you and your neighbor, you have the option to contact the Las Vegas Police Department or your legal counsel to see what actions can be taken.

Another alternative is that you can contact the Clark County Neighborhood Justice center as most associations’ documents do not allow the association to enforce anything or resolve matters that are neighbor issues.

Q: Like so many others, I have been frustrated by the enforcement of poorly written declaration bylaws, and by extension the rules and regulations of my community. I am a homeowner and am renting my property to a tenant. In recent months, I’ve been sent several letters of violation alleging that trees on the property should be trimmed.

The problem is that our bylaws clearly say tree trimming and other maintenance on the lots are the responsibility of the HOA. This, of course, is not convenient for the HOA and it prefers to make a rule that contradicts the bylaws set by the developer.

The HOA board has threatened to make the desired changes, billing me for their time and effort, and fine me $100 for each violation, and I’ve insisted on a public hearing, which they have scheduled.

This action of the HOA seems to violate NRS 116.31065 (2), but if it costs me many thousands of dollars to challenge what seems obvious economics don’t work out very well.

Is my recourse to complain to the state Ombudsman? Perhaps, waiting years for an answer. How does one compel his HOA to comply with very clear declaration bylaws? Might the threats of fines be considered extortion?

A: I see you have included a copy of your community’s covenants, conditions and restrictions in your letter. Article IX, pertaining to exterior maintenance, Section 1, which states that the association shall provide exterior maintenance upon each lot and living unit to include trees, shrubs and grass. You did not send me any copies of the violation or fine letters, which would have included what section of the governing documents the association was citing.

As to you stating that the actions of the association seem to violate NRS 116.31065 (2), it would appear to me that subsection 3 is the more appropriate section as it states that the rules adopted by an association “must not be adopted to evade any obligation of the association.”

As to a public hearing, section 116.31085 (4) requires the association to hold an open hearing upon receiving a written request from the homeowner who may be sanctioned for the alleged violation(s).

It is important to note that rules and regulations are subordinate to the CC&Rs. Rules cannot override the covenants of the association; rules must be consistent with them.

If the violation and fine letters are stating that the homeowner has the obligation to trim his trees, it would appear you can refute the alleged violations based upon the covenants that this trimming of the trees is the association’s responsibility and not the homeowners.

Unless the association can support its position by providing you an amendment to the covenants that changed the responsibility to the homeowner, the homeowner should not be fined and the violations dismissed. If this should not occur, you have the right to file a complaint with the Ombudsman’s Office.

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