weather icon Clear

HOA says garage cannot be used as gym

Q: My buyer would like to store and use his gym equipment in the garage to work out. While we are still in due diligence, he contacted the homeowners association to ask about this, and they said, no, he cannot do this and only garage stuff or a car can be stored in the garage. In your experience should this be allowed?

A: It would not surprise me. Many associations have specific regulations that the garage is to be use solely for residents’ vehicles. This is especially true where parking is limited in the common area

Q: I live in a guard-gated community. For the past two years a neighbor has allowed his dogs to bark for extended periods of time. When this occurs, I contact security, they witness the barking and submit an incident report to our HOA. As an example of the problem, from January 2020 until July 2020, there were 12 incident reports filed by security, and yet the disturbance continued.

Last summer, I sent two letters to the HOA compliance office. With each one I cited a covenants, conditions and restrictions rule that was violated along with proof and requested to know what action was planned to end the problem. Neither the compliance office nor the HOA board responded to my requests. A call to state ombudsman office was disappointing. The person I spoke to said that by law I do not have a right to know the action the HOA board was exercising. Therefore, action might have been taken. If that is the case, it did no good. The ombudsman did nothing further.

The only relief came when I filed a complaint with the city of Henderson’s Animal Control, which forwarded the complaint to the city attorney. A nuisance charge was filed against my neighbor. At a court hearing my neighbor pleaded no contest, agreed to a plea deal, and said there would be no more incidents. It took only one month for another incident to occur.

A: The ombudsman’s office was correct. Violations are considered confidential. I would send one final written complaint, and if possible with a recording of the dogs along with the time and date of the incident. I also would suggest you send the same information to Henderson’s Animal Control.

I am somewhat surprised that the ombudsman office did not offer to contact the association to see if any action had been or is being taken against the homeowner. If you think the association is not adhering to the governing documents, you could file an intervention affidavit form 530 from the Nevada Real Estate Division. The division can explain in detail about the intervention program.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

Don't miss the big stories. Like us on Facebook.
HOA finds backyard fence in violation of rules

Q: I have enjoyed reading your column for several years along with the information that you get to share with the readers. I do have several questions that I am sure you will be able to share valuable information on.

State law does not have HOA rule on height of flag pole

The average size flag pole ranges from 20 feet to 25 feet. Nevada Revised Statute 116 does not include any law as to the height or location of a flag pole. Associations would need to review their governing documents and in particular their architectural guidelines. Your association can have greater restrictions on the height and location of the flag pole than that of Clark County ordiances. Your association board will just have to reach some compromise.

HOA community lighting is a matter of security

Does Nevada Revised Statues No. 116 make any reference to a homeowner’s right to install any form of security/safety device on their lot or dwelling?

Underwriting basics: Harness your inner real estate investor

Striving to become a savvier real estate investor? Then understanding underwriting basics is a building block you can’t afford to skip. Every Trust Deed investment at Ignite Funding starts with the underwriting of the loan and the subject property.


Kevin Sigstad, a former president of the statewide Nevada Realtors and the Reno/Sparks Association of Realtors, has been elected to serve as a National Association of Realtors regional vice president.

Housing prices still rising; supply shrinking

A recent Las Vegas Realtors report shows the local housing market started 2021 with home prices still rising and the housing supply still shrinking.

HOA community gate damaged car

I have lived in (a group of) town homes group (with) 117 units in Henderson. (It) has a gate with a sign reading: “Association not responsible for damage by gate to vehicle.”

State law supports homeowner keeping his gazebo

ccording to an article that was published a number of years ago by attorney John Leach, “… the enforceability of an ARC violation against an existing or new homeowner with homes that have ARC violations is dependent on several factors including, but not limited to, the length of time the home has been in violation. If the Architectural Review Committee violation has knowingly existed for more than one year, case law supports the conclusion that the association could not successfully enforce the violation.”

HOA boards struggle with virtual meetings

With the recent changes in the meeting restrictions, association boards can continue to do successful hearings using Zoom or Webex. For those homeowners who do not have the ability to attend a virtual hearing, association boards can schedule a personal meeting with the homeowner, abiding by Centers for Disease Control and Prevention guidelines, such as 6-foot social distancing and all wearing masks.