Homeowner not exempt from car being towed

Q: Hi, I was just wondering, if I’m unemployed and my vehicle isn’t registered, will my car be exempt from tow under the governor’s call for “essential towing regulations?”

A: I do not believe you would be exempt. You should send a written request to your association asking for an extension of time for you to register your car.

Q: If you have addressed this question previously, please point me in the direction of your response.

Nevada Revised Statute 116.31031 part 2. includes words that limit a homeowners association’s authority to impose fines when the owner did not: a.) participate or authorize…; b.) have prior notice…; or c.) have opportunity to stop the violation etc.

It seems this section addresses invitees or tenants.

My question: Graffiti is a similar example where the owner typically did not: a.) participate or authorize…; b.) have prior notice…; or c.) have opportunity to stop the violation/ etc. What are the HOA’s rights to impose fines and what are the owner’s rights to not be fined?

I’ll go further by suggesting this is strictly an aesthetic issue and does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

Thank you for considering this question.

A: Most governing documents state that the homeowner is responsible for the resident living in his or her home and their guests. If the association has evidence that an individual has caused graffiti within the community, the association would follow its enforcement and fine policy procedures.

Graffiti causes damage to property. It is more than just a violation of any association’s rules or regulations.

If the association had absolute proof that a homeowner or his or her resident caused the damage, a maintenance/hearing letter could be sent to the homeowner. This letter should include the cost to remove the graffiti, as well as a fine for violating the association’s governing documents.

At the hearing, the homeowner can address the graffiti and the proposed fine.

Q: You have helped me in the past and I hope you can again. Are audited financial statements required by law in Nevada? I am on a HOA board and we get them every year.

We have a new management company and I just discovered the 2019 audit was sent to the management company in July 2020, as a draft, the 2018 audit was sent to the management on May 2019 as a draft. The management company then sat on them and did nothing.

We have just been sent the two drafts for 2018 and 2019, only because I realized that we have not received the two audits that we paid for. I then asked our manager about the audits and she had no idea they were not completed. I had to contact the certified public accountant firm to be informed that they were sent to our management company on May 2019 and July 2020.

Did the management company break the law by not providing us the financial audits? I am thinking of reporting this to the Ombudsman’s Office. Our manager said she will now put the 2018 and 2019 audits on the next agenda.

A: Under NRS 116.31144, audits and reviews of financial statements, there are various accounting levels depending upon the annual income of your association or unless otherwise required by your governing documents.

From $45,000 to $75,000, a financial statement is to be prepared during the year preceding the year in which a study of your reserves are to be conducted. If your reserve study is to be updated, for example in 2021, you would need the financial statement done for the year 2020.

If your annual income ranges from $75,000 to $150,000, a financial statement is to be done on a yearly basis. If your annual income is over $150,000, an annual audit is required.

Yes, your association should have reviewed the audits and have accepted them for the record at one of your scheduled board of directors’ meeting.

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.