It’s that time of year again, and anyone who knows me, knows I love Halloween. Here are some tips for your homeowners association for a safe night of fun.
Barbara Holland
Email: holland744o@gmail.com
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.
Note: I have invited Las Vegas attorney Avece M. Higbee to write this column to answer a reader’s question about health and safety fines.
Q: How often does the government come in and take over a homeowners association. I’m a board member, and our reserves are underfunded. On paper, for 2020, the total should be $450,000. At this time we have $250,000 but are going to spend most of that ($160,000) to replace the roofing that was installed in the late 1980s. About $75,000 is raised in assessments each year. Management wanted the board to raise the assessments, which all members were against. It then made the threat that, because of the underfunding, the state/county might come in and take us over.
Under the Fair Housing Act laws, “reasonable accommodations” need to be provided upon written request. Your association needs to buy a good microphone/sound system.
Depending upon the board, many associations do not provide direct contact information with the directors. Instead, correspondence to the board is to be sent to the community manager. The primary reason is that too often the contact information is misused by residents who will call directors regardless of the time; or visit their homes. Association business should be conducted at board meetings and through the management company.
Q: Heard from a friend living in a nearby community that his HOA is being sued. Reports are that some kid on a bike crashed into a palm tree and cut his arm. No details exactly where this vicious tree was: adjacent to a sidewalk, on a remote slope of the common elements, etc. Appears the tree was trimmed in the usual way where there are short pieces of the “fronds” still attached. Pieces must have been sharp enough to cause the injury. Our board has discussed this matter and is wondering if “shaving” or “skinning” the trunks is warranted — at least up to 8 feet to 10 feet in height. Not sure if either term is correct but it produces a “textured” and not one with, uh, sharp edges. Do we really have to go to this extreme? Would every HOA, park, casino, etc have to do the same? How idiot-proof can you make an environment? Pad the streets so if someone fell, they wouldn’t hurt themselves? Pad block walls so if someone bumped into them, they wouldn’t hurt themselves? The potential cost to shave trees could be enormous on anyone or everyone owning a potentially deadly palm tree. Is this bordering on absurdity?
Nevada Revised Statutes 116.31175 subsection 4a states the personnel records of an association’s employees are confidential with the exception of the number of hours worked and the salaries and benefits of those employees. There is no state law as to how a homeowner uses this information.
Each association should review its covenants, conditions and restrictions and rules and regulations as you may be able to add to them to include drones.
It is not always easy to change attitudes. Perhaps, an informal lunch with the president and the board can set her on the right path, especially since you have indicated the new president has made some good changes.
Q: I live in a homeowners association in northwest Las Vegas. In our gated community, there is a no solicitation sign posted at each gate; speed limit signs posted at various locations and stop signs installed at certain intersections. All three are ignored. The HOA board states they are powerless to enforce. The Metropolitan Police Department states the community is private property, which limits their enforcement.
Nevada Administrative Code 116 are the regulations that are established by the Common-Interest Communities and Hotel Commission as authorized by the state Legislature. NAC 116.405 pertains to the responsibilities of association boards,
As a board member, you are entitled to copies of letters being sent to homeowners. Per your fiduciary responsibilities, board member are to keep confidentiality of such violation letters.
One of the most important functions that a board of directors has pertains to the transition of control from declarant (the developer) to a homeowner-controlled board of directors.
When did we lose the ability to communicate with each other in a professional and respectful manner? When did we lose the ability to respect each other’s opinion and then reach for an optimum solution and decision when trying to balance the various needs of our community?
The notice of the board meeting under NRS 116.31083, subsection 5, states that it must include the time and place of the meeting and include a copy of the agenda or the date on which the agenda and the location of copies of the agenda may be conveniently obtained by the owners. The agenda must comply with subsection 4 of NRS 116.3108, which states the agenda must consist of a clear and complete statement of the topics to be considered, including a list describing the items on which action may be taken. In an emergency, action may be taken where an item was not listed on the original agenda.
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