Associations will pay more money...

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I am writing you to notify you about changes  that affect the recordation of association deeds. 

Please take notice that the Clark County Recorder’s Office has received instructions from the Nevada State Department of Taxation that the transfer tax at recording of an HOA foreclosure deed will be based upon “fair market value”, not the amount of the HOA lien.  The Department of Taxation has indicated that the “fair market value” will be presumed as the last sale’s price of the home purchased in the open market.   However, HOAs will have the ability to rebut this presumption by filing an appeal with the Recorder’s office.  

Generally, this position by the State of Nevada will increase the amount of the transfer tax to be paid, or cause a delay in the recording of the foreclosure deed pending an appeal of the determination of the property’s “fair market value”.  Further, the Recorder’s Office has indicated that its office will not record the foreclosure deed without the payment of the transfer tax.

Here is an example:

Old Method

Association Foreclosure Sale Price = $6000

Transfer Tax ($1.75 per $1000) = $10.50

New Method

Fair Market Value = $75,000

Transfer Tax ($1.75 per $1000) = $131.25

Upon conclusion of the association’s foreclosure, your collection company will prepare an invoice which will include the additional  “Fair Market Value” transfer tax. After payment by the association, your deed would then be recorded.  As an association, you would have to dispute the fair market value as this cannot be done by your collection company. 

 - Barbara Holland, CPM®

President of H&L Realty Management Company and Review Journal Columnist




Echelon

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Great news- this will have a positive impact upon Las Vegas and the rebuilding of our economy and of our employment.  This project could add over 10,000 new employees consisting of the hotel, convention, restaurants to the support companies that service the casino industry. - Echelon

Assembly Bill AB 98

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Assembly Bill AB 98, sponsored by  Assemblymen Aizley and Spiegel, will be presented by Barbara Holland, CPM to the Committee on Judiciary, tomorrow Friday, February 22, 2013 at  8am at the Sawyer Building, 555 East Washington, Suite 4401, Las Vegas 89101.  (right across from the Cashman Center) (Main Street/Washington intersection).  The proposed bill pertains to the nomination process for board of directors, the bidding process and the financial audit process for homeowner associations.

Recall for HOA board members, officers different

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

Jan 19 2013

Q: A board member has threatened me with putting my removal on the meeting's agenda if (I do not step) down. Which agenda? If he means the executive agenda, then do I have the option of placing it on the public agenda?

He has not (stated) the charges. I have not violated any statutes, nor have I done anything but uphold the covenants, conditions and restrictions and the rules of our community.

We are small, 85-unit complex. How many owners are needed for a petition? How many are needed if it goes to secret ballot?

A: Currently, the law is the same when it comes to removing HOA officers who are elected by the board of directors. If a board member wants to remove you as an officer, it must be done at an open board meeting. Only homeowners can remove a director from the board. So, even if you were removed as the president of the association, you would still remain on the board as a director.

To remove an officer, a board member does not have to show cause. It could be simply that one board member does not like the other.

The laws addressing the removal of an HOA director have been changed. NRS 116.31035 was modified in 2011. The Legislature keeps changing the recall process, literally every session. They just can't seem to get this procedure right.

To remove a director from the board, a petition for a recall election would require at least 10 percent (or any lower percentage specified in the bylaws of the association) of the membership to start the process.

A director may be removed with or without cause if, at a removal election, the number of votes cast in favor of removal constitutes at least 35 percent of the total number of voting members, and at least a majority of all votes cast in that removal election. The recall election, itself, is similar to the election process as secret ballots are required.

Q: While researching information on HOAs towing vehicles, I came across your Aug. 29, 2009, article posted on lvrj.com. You said an association must post written notice at least 48 hours before towing a vehicle. You cite NRS 487.038 and NRS 116 subsection 1s. I searched for both these citations athttp://search.leg.state.nv.us/NRS/NRS.html. NRS 487.038 doesn't say anything about the 48-hour notice, and I couldn't find subsection 1s of NRS 116.

Your article addresses the precise issue I am having with my HOA. It would be helpful if I had the relevant statute with me when I address the issue.

A: NRS 116.3102 subsection, (1s) states "if a vehicle is improperly parked, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle unless the vehicle is blocking a fire hydrant, fire lane or parking space designated for the handicapped or poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the community."

NRS 487.038 says: "1. the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard."

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.

Go ahead, share some HOA pizza with everyone

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

Jan 12 2013

Q: At our homeowners association meetings we have pizza and drinks. The management company freely serves themselves without asking. I feel this is wrong because we are paying them. Have you witnessed management companies regularly eating their associations' food?

A: Generally speaking, most associations would not deny the community manager to partake in eating of food at an association meeting.

If this were a special function that all members had to pay some fee , then I would expect the manager to also pay the fee.

Q: We have a small community that consists mostly of cul-de-sacs. Our covenants, conditions and restrictions don't prohibit or limit parking on the street except in the case of multiple days and large recreational vehicles.

We have one homeowner who wants all street parking eliminated. When his attempts to do so via HOA rules failed, he went to the fire department.

He is a retired fireman from another state. He managed to get an inspector out to our community.

This inspector has stipulated in writing that we are to paint all our cul-de-sac curbs red and disallow any street parking in these areas.

In addition to this, the inspector has stipulated we draw bright yellow lines on our speed bumps and put signs up stating their existence.

The inspector referenced the codes requiring these changes. They are commercial codes. When asked why a residential area was required to go by commercial codes, his response was, "We use commercial codes for everything."

We also asked him why none of the other communities in our area, or any of the 83 communities our property manager manages, has to conform to this commercial code. He said he was just here to take care of this community .

I've spoken with many members of our community. None of them want this parking restriction, let alone the ugly red and yellow paint . What can we do?

A: The fire inspector may have overstepped his authority in his instructions to the association.

The association should contact the county's building or traffic management departments to confirm what codes apply to this community.

On a side note, most insurance companies would want the association to have reflective yellow paint on their speed bumps. There has been some personal injury lawsuits in Clark County where injured bike riders sued their associations.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.

Mrs. Holland addresses Los Prados Women's Club

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In February Mrs. Holland spoke to the Los Prados Women's Club on potential changes in NRS 116- 1 (the foreclosure issue pertaining to the 9 month superior lien on hoa assessments & collection costs.) To arrange for Mrs. Holland to speak at your organization or company, email support@hlrealty.com for more information.

Feb 2013 The Grapevine

“On behalf of the Los Prados Women’s Club, thank you so much for joining us at our February meeting. Your talk was spot on and well received and our members were glad to put a real face next to the one they read in the paper each week!”
— Chris

Condo owner needs to talk to insurance agent

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

Jan 5 2013

Q: I've lived in several condominiums over the years, and the only insurance I was required to have was for the innards of the structure. (I thought) the homeowners association would take care of insuring the outside, roof, etc.

I live in a townhome complex of 21 buildings, each with four (units). The (homes) are two-story (structures) and have two walls, which are not connected to a neighboring unit's walls. I cannot find a definition of the units in the covenants, conditions and restrictions.

Our HOA requires us to have insurance that covers the inside and outside of our unit. Does Las Vegas or Nevada have rules about what amount of insurance goes with what type of residence?

A: There are no Nevada Revised Statutes 116 laws that dictate specific insurance requirements for the kind of insurance on the property, or who needs to obtain the insurance at their cost. Generally speaking, you'd find this information in the insurance section of your CC&Rs.

I would encourage you to call the HOA's insurance agent and speak to him or her to determine the correct coverage.

Most units in Las Vegas have single-entity coverage not bare walls. Usually the CC&Rs identify what kind of coverage you will need to carry personally. Bare walls would require you to insure everything inside from the studs, but even then the actual structure is usually covered under the master policy.

With single-entity coverage the master policy covers all "association-owned and maintained property." So 99 percent of the time it includes the building itself.

I encourage unit owners to carry some building coverage, $25,000 to $40,000, on their own policies to cover any upgrades, as the master policy usually covers the builder's-grade items such as flat paint and low-grade carpeting. If you have hardwood or tile floors, granite countertop or wallpaper in your unit, the master insurance would not pay to have it replaced, but your own insurance would.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.

Gate codes are too freely given to everyone

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

DEC 29 2012

Q: I am very troubled that my homeowners association refuses to give out the gate code to the residents. Since I am a senior citizen and have health issues, I would feel more secure if my children had this information in case of an emergency. Is this even legal for them to do?

Also, it is apparent that several residents do have the gate code because they are friends of the officers.

How can I resolve this issue? I have seen so many problems on television, and don't want to become a victim of the HOA.

A: In these days, security, or the perception of security, is a hot topic. For associations, the unfortunate reality is that residents freely provide gate codes to nonresidents, which defeats the purpose of having a gated community. Also, with so many owners vacating homes and so many new owners moving into these homes, too many former owners have the gate codes.

So what are the alternatives?

An association can change codes monthly, though that's not very practical. An association can pass a policy that calls for the homeowners and community residents to purchase gate clickers, instead of providing gate codes. Again there are problems with this alternative because of former owners keeping their gate clickers.

If your gate system allows, associations should provide each homeowner his own gate code which can be terminated when that homeowner leaves the community.

You need to have the board explore this option. Otherwise, you will need to buy additional gate clickers.

Q: I was recently elected to serve on our HOA board. When I first joined the board, I set out to do a fabulous job, however, I seem to be obstructed by board members who do nothing, and have relinquished all responsibility and control of our community and our community club house to an association management company.

Our community has 488 homes. If we read point 2 of Nevada Revised Statutes 116.31036 correctly, can you confirm that this would mean our recall petition would need a minimal of 49 signatures?

It seems a removal election may be called by units' owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association.

To call a removal election, the units' owners must submit a written petition, which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection, and which is mailed, return receipt requested, or served by a process server to the association's executive board or community manager.

A: The recall process has two steps.

■ First, you will need at least 35 percent of your homeowners to cast a secret written ballot, or 171 ballots.

■ Second, you would then need a majority of the 171 votes, or 87 votes to recall the director(s).

If you received 250 ballots, you would need 126 votes to recall a director. If you fail to receive the 35 percent, the recall movement would fail, right then and there.

Note: The Las Vegas chapter of the Institute of Real Estate Management will hold a 2013 Southern Nevada economic forecast from 8 to 11 a.m. Jan. 9 at the MGM Grand Conference Center's Premier Ballroom. Registration is at 7:30 a.m.

Preregistration cost is $55 per person (breakfast will be served), $500 for tables of 10 (includes preferential seating). There is an additional $15 charge for registrations made after Friday , and at-the-door admittance.

Registration is open on institute's website atwww.lasvegasirem.org/irem/January2013ForecastEvent.

Nevada Public Radio President and General Manager Flo Rogers will moderate the panel discussion.

The panel of speakers includes Applied Analysis principal Jeremy Aguero; Bank of Nevada President and Chief Operating Officer John Guedry; John Hill, executive director, Southern Nevada Regional Housing Authority, Accredited Management Organization; John Knott, executive managing director and global head of gaming, Newmark Grubb Knight Frank; Christopher Ludeman, president of capital markets, CBRE, NY; Las Vegas Regional Economic Development Council President and CEO Tom Skancke; and Jim Tainter, senior vice president, regional manager, Harsch Investment Properties.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.


Nevada State Supreme Court will have final say

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

DEC 22 2012

The Nevada Real Estate Division issued an advisory opinion pertaining to homeowners associations and the superior lien laws that allow HOAs to foreclose on delinquent homeowners and collect nine months of past-due assessments. For those familiar with the issue, the collection of these delinquent assessments, late, legal and collection fees have been the subject of a number of lawsuits against local HOAs.

What is interesting to note is the timing of the division's opinion as it is most aware of the recent arbitration hearings. In fact, the arbitrator for this major case, Las Vegas attorney Leonard Gang, has just handed down his ruling, which is contrary to the division's recent opinion.

This issue has now become more convoluted as a result of the division's opinions, and just adds to the "fire" in a case that ultimately will be decided by the Nevada State Supreme Court.

Gang ruled on three primary legal issues: excessive covenant amounts, notice of delinquent assessment liens and nonincurred collection charges.

The claimants allege that many HOAs limit the association's super priority liens to six months. State law limits the HOAs super priority liens to nine months of assessments. The arbitrator's decision was that Nevada law controls the super priority lien, regardless of any language within a community's covenants that would appear to limit the HOA's super priority lien.

Next, the claimants alleged that HOAs acted unlawfully by permitting their collection companies to record notice of delinquent assessment liens with the Clark County Recorder's Office. Claimants allege that notice is unnecessary because associations' automatic lien for past due assessments recorded of their covenants. Gang ruled that HOAs may record a notice of delinquent assessment lien.

The third issue pertains to the collection charges assessed against a delinquent homeowner's account, which has been incurred from an association's collection company. The claimants allege the collection charges could not be included within the super priority lien laws because associations do not incur the collection charges.

Gang based his decision on certain provisions within the Nevada Revised Statutes and the Nevada Administrative Code that expressly provide for third-party collection agencies to act on behalf of HOAs.

Overall, the arbitrator ruled in favor of the associations.

I am fairly certain that once the arbitrator issues a final order, and has the Nevada Real Estate Division issue a certificate of completion, the claimants will most likely file a new civil action in Clark County District Court.

The bottom line is that these issues will go to the Nevada State Supreme Court for a final ruling. The real question is when?

Note: The state Ombudsman's Office has several free HOA education classes slated for January. Here are a few: open Q&A forum, 8 to 9 a.m. Jan. 4, Bradley Building, 2501 E. Sahara Ave.; administration and enforcement of NRS 116, 4 to 6 p.m. Jan. 7, Desert View Community Center, 10360 Sun City Blvd., corner of Thomas Ryan Boulevard and Sun City Boulevard; fines, liens and foreclosures, noon to 2 p.m., Jan. 8, Bradley Building, 2501 E. Sahara Ave. To register for a class, send an email to ombclasses@red.state.nv.us., or call 702-486-4480.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.

Condo owner moves without replacing floor

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

DEC 15 2012

Q: I am writing to ask your advice about a situation we are having with a violation of our covenants, conditions and restrictions at our condo complex. We own our first-floor condo. The unit above was granted a medical exception to remove the wall-to-wall carpeting to install hardwood flooring for health reasons. As you might imagine the noise level was quite annoying in our downstairs unit.

We received a letter at that time from the association that if the owner in the above unit rents or sells he must replace the floor to its original state.

We are snowbirds and just returned to our condo. While we were back East the owner sold his unit, but never fulfilled his obligation to replace the flooring.

We have advised our association about the letter of agreement and at this time it is going to have an executive board meeting to discuss the matter.

How is this possible when the letter states the responsibility of the previous owner? To top it off, the previous owner is the president of the association. If this meeting takes place, should he be allowed to attend it or should we request that he excuse himself.

A: If he has sold his unit, he is no longer a member of the association.

Unless your governing documents state that a nonowner can be on the board, then he is no longer the president and the board needs to elect another president.

Even if he was he president, he would have to be treated like any other homeowner.

He could make his presentation to the board and you could make your presentation to the board. When the board goes into executive session to discuss the matter, the president would not be present at the session, nor would the president have the right to vote on the matter.

Q: After many unsuccessful attempts to reason with my homeowners association regarding a matter of damage to my personal property, I was forced to sue it in small claims court. The judge ruled in my favor. Now, once again the delay tactics have begun. What recourse do I have to collect the money due me from the homeowners association?

I have been a responsible homeowner for many years abiding by the covenants, conditions and restrictions and rules and regulations. What about the responsibility of the HOA? Do I need to go to a lawyer to force it to reimburse me?

Of course, these unnecessary fees will need to be paid by the HOA since I've already won this case. Thank you very much for whatever assistance you can offer.

A: If you have a ruling from the judge, contact the sheriff department. You will need the judgment from the court so the sheriff's department can attach the association's funds.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com

HOA member has fiduciary responsibility to community

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

DEC 8 2012 

Q: We have a homeowners association board member who is married to a man who funds and advises homeowners. She refuses to follow our covenants, conditions and restrictions.

I think having that board member in any executive session where her husband is involved is a conflict of interest, and that she must recuse herself.

But there are those who have said that she cannot be made to recuse herself.

Is it possible that she can vote on issues that benefit her husband in his endeavors and vote against the association's best interests?

A: Nevada Revised Statutes 116.3103 has very strong language about the fiduciary responsibility of directors:

"In the performance of their duties, the officers and members of the executive board are fiduciaries and shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association.

"Officers and members of the executive board are required to exercise the ordinary and reasonable care of officers and directors of a nonprofit corporation, subject to the business-judgment rule and are subject to conflict of interest rules governing the officers and directors of a nonprofit corporation organized under the law of this state."

You have two choices, the first is to begin a recall of the director.

The second option would be to file a complaint against the director with the state Ombudsman's Office, but you must be able to substantiate her actions that you consider are conflicts of interest.

Q: Our HOA streets are city streets, and for years we have been following the governing documents regarding street parking.

Now, we have some people who want to bust the HOA and are insisting that since the streets are city streets we cannot enforce our rules of no-street parking. We have for years enforced these policies.

Our CC&Rs direct homeowners not to park on the street. There are exceptions for visitors of 14 days or less, and owners who are cleaning a recreational vehicle or boat.

Our architectural standards states that each residence must have three parking spaces and two must be in a two-car garage.

For 18 years we have enforced this. What is your view of this problem?

A: When the owners purchased their homes within your association, they agreed to abide by the association's governing documents, which specifically state they cannot park in the streets with certain exceptions.

Your documents are more stringent than city code as to street parking. If they were less stringent than city code, you would not be able to enforce your rules.

You are not allowed to tow the vehicles from the city streets unless the vehicles were in violation of city code, and the tagging and the towing were initiated by the city.

You can enforce your regulations through fining the homeowners by following due process of a courtesy notice and, if necessary, a hearing/fine notice.

Note: The Ombudsman's Office often holds free HOA education classes. Here are a few upcoming events: open Q&A forum, 8 to 9 a.m., Dec. 14, Bradley Building, 2501 E. Sahara Ave.; and administration and enforcement of NRS 116, 10 a.m. to noon, Dec. 14, Sun City Aliante, 7394 Aliante Parkway, North Las Vegas.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.

HOA members tired of paying special assessment

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

DEC 1 2012 

Q: Our homeowners association has assessed a $50 fee per month to replace roofs, which are tile, in this complex that was built during 1993 to 1994. This began in 2012, is continuing in 2013 and appears to be open-ended. Are open-ended assessments legal? It has been impossible to find out any information regarding the status of the special funding assessment.

Also, I have asked the management company as to a warranty on the roofs, and was told that no such warranty exists. I don't know a great deal about construction, but I have always thought that a roof warranty was a standard business practice in the construction industry. Is the lifetime of tile roofs only 18 years or so? What little research I have been able to do seems to indicate the lifetime is more in the 30- to 50-year range.

Needless to say, our board is controlled by three people so other board members have just given up in the past as these three have the votes to do whatever they like.

I would appreciate any information or suggestions you may have as many of us are beyond frustration with the board and management company.

A: As a homeowner, upon request, the board and or management company must provide you with financial statements, which would reflect the income to the community and specifically the income received for the special assessment. You are entitled to know the balances in the reserve account and also receive a copy of the reserve study. The association does have the right to charge you for the copying of this information unless the association can email it to you for free.

In order to build funds for the replacement of the roofs, you could easily have a $ 50 a month special assessment that requires two or more years to complete the funding. You should be able to obtain from the management company or the board the projected cost for the roof funding and the length of time of the $ 50 per month special assessment.

As to original roof warranties, I would be very surprised if the association even had a 10-year warranty when the roofs were first installed in 1993. I would also be very surprised if the roofing company still is doing business in Las Vegas. As to the current replacement of your roofs, the association should have a warranty on labor and on materials (often from the manufacturer), prior to signing any contracts.

Send the board and or management company your requests for information. If they do not respond, you can contact the Ombudsman's Office at the Nevada Real Estate Division on East Sahara Avenue for assistance. Nevada Revised Statutes 116 laws allows the Ombudsman Office to intervene on your behalf to obtain this information.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.

How many electricians does it take to replace light bulb?

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

NOV 24 2012

Q: Our homeowners association board is reviewing current maintenance practices and costs. We have more than 300 low-voltage lights on posts the HOA maintains.

We're looking for more-cost-effective maintenance, and there seems to be one big nagging question. Does it take a licensed electrician to change a light bulb?

We have sought out the answer from the Nevada State Contractors Board, a handyman service, an electrical contractor, a homeowner/volunteer or an insurance company.

We have read the Contractors Board's rules about lighting systems, and they're subject to interpretation. We're also aware of the Contractors Board's handyman exemption provision.

I know we live in a world of liabilities and lawsuits. We're also hearing about some HOAs that change their own bulbs. Are they sticking their necks out?

Some of us grew up in a world where the common sense and judgment of a reasonable homeowner dictated decisions. Can you shed any light on this matter?

A: I don't have the technical background to provide an answer. I am sure the Contractors Board's answer would be that you need a licensed electrician.

It looks as if the Contractors Board may throw a monkey wrench into things this legislative session. Sources tell me that they want association managers, who help procure bids for maintenance projects, to have some kind of contractor's license.

Q: A client asked me whether the following could be true: Can an HOA possibly make a renter move from the property and fine them $10,000 for verbal abuse? I don't condone anyone verbally abusing anyone, and not sure what was said, but this seemed extreme.

A: Fining a person for verbal abuse could be a possibility if the association could show it bordered on violating safety concerns.

We all have seen cases where an individual is so verbally abusive it reaches the point of being threatening. So much so that the police department or security is called to either calm down the confrontation or remove the individual from the office.

Unfortunately, there are times when a homeowner or a renter has such foul language (sometimes inappropriate sexual comments) that staffers have to disengage the conversation by hanging up the phone.

If the person is in the office, it is harder to disengage.

Associations cannot arbitrarily tell people that they cannot reside in the community because of violations.

There are specific due-process procedures that would require legal action, which is quite costly. The matter would have to ultimately be decided in District Court.

Associations cannot legally evict a tenant unless the association is the landlord and has a lease agreement.

Communities can place pressure on an owner to remove a tenant, but there must be good documentation to support an eviction.

To evict a tenant, the homeowner must present to the Justice Court judge specific violations of the lease agreement. If the association's issues with the tenant don't meet judicial standards for eviction, the Justice Court judge would deny the eviction.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.

Condo pigeon problem is health and safety issue

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BARBARA HOLLAND

ASSOCIATION Q & A

REPOSTED WITH PERMISSION FROM LAS VEGAS REVIEW JOURNAL

NOV 17 2012

Q: I have written to my homeowners association twice with pictures concerning a pigeon problem, asking for some direction, and I get no response.

My next-door neighbor has a small dog she keeps outside 24/7; doesn't matter what the weather conditions are outside. (This is another issue.)

She feeds it dry food in a bowl, which is outside in her backyard all day.

In the morning when I make my bed, I can see close to 50 pigeons in the yard on the fence, my fence, neighboring homes, most are eating the dog food.

This is a major issue with us; our yard is covered with feathers and feces. In addition to this, each and every time we go into our yard, we have scores of pigeons flying overhead. It's a matter of time before we look like our gas grill.

My backyard is disgusting, and I take great pride in keeping my home and yard nice looking.

This neighbor is renting. Most of us own our homes. She doesn't care.

In the past, we have reported her to animal control and our HOA for the dog crying and barking. She has left nasty notes on our door because of it. I have sent copies to the HOA documenting the incidents.

A: This is a health and safety issue. Your association should become involved and send her a hearing/fine notice. If the association does not want to become involved, you should contact code enforcement for the municipality and/or contact the Southern Nevada Health District.

Q: I live in a condominium on the top floor. When we had the storm in August, it was determined that there was a leak in my roof. It caused a "water bubble" in the wall of my kitchen area.

My HOA contact got repair estimates for exterior and interior damage. She said the HOA was responsible for the interior damage. The roof has been fixed, but the HOA board has said I have to pay for the interior damage. My HOA contact and I believe that I should not have to use my homeowners insurance to cover damage that was done because of the roof.

A: Unless your governing documents state differently, you would be responsible for the interior repairs to your home. The only possible exception would be if the association had known the roof had been leaking and never repaired it, and consequently your kitchen wall was damaged.

Q: Can a lessee/tenant, who has at least a one-year lease, and has signed a document stating she has a copy and has read and will abide by the governing documents of an association, be fined if he commits a violation of those?

A: The association documents that you are giving to the tenant need to be explicitly stated that it is being incorporated as part of the lease agreement, with tenant and landlord or landlord's representative signing to that effect.

In addition, it should be explicitly stated that any fines and/or charges assessed against the home as a result of the tenant or her family and guests will be treated as additional rent owed to the landlord, with proper notification of fines and or charges.

Obviously, both the owner and the tenant have a right to a hearing to refute the allegations of association violations.

Note: The state Ombudsman's Office has scheduled several free HOA classes in December Some are: Effective Communications and Conflict Resolution, 4-6 p.m. Dec. 3, Desert View Community Center, 10360 Sun City Blvd., on the corner of Thomas Ryan and Sun City boulevards in Summerlin; An Overview of HOA Living, 5-7 p.m. Dec. 4, Quail Estates West, 2851 S. Valley View Blvd.; and Open Q&A Forum, 8-9 a.m. Dec. 7, Bradley Building, 2501 E. Sahara Ave.

All classes are free and open to the public. To register, call Ken Richardson at 486-4480.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 385-3759, email is support@hlrealty.com.