Living anonymously in HOA is not regulated by state
by Barbara Holland / Las Vegas Review-Journal · Las Vegas Review-JournalQ: We came home recently to find a gushing water leak in a neighbor’s yard. We tried to contact the neighbor. The front door has a gate with no doorbell. The windows have solar screens. There was a light on in the bedroom but there was no way to alert the occupants.
This morning I chatted with our community administration. They have no working phone number for this address.
Is it legal for a person to live anonymously within a community like this? What happens if there is an emergency involving the neighborhood?
This is so bothersome for us because Lake Mead is our business and gushing water leaks should be tended to at the earliest suitable moment.
A: Associations obtain the mailing address for homeowners generally from their deed of sale or from any correspondence sent to the association from the homeowner of the current address. There is no state law. There may be a regulation within your governing documents requiring this information.
Under NRS 116.310312 (2), there are steps where under certain circumstances where the association can enter the grounds of a unit, whether or not the unit is vacant to take certain actions if the unit owner refuses or fails to take action with any requirement imposed upon the owner within a specified time, such as maintenance of the exterior, including subsection b2 of the law where conditions threaten the health or safety of the residents within the community or if the unit is vacant, under subsection 3a.
Under subsection 9 of this law, the association, agents, managers, etc., who enter the grounds or interior of the unit pursuant to this law are not liable for trespass.
Q: Can a property management company take money out of the association budget to bump up the salary (by 30 percent) of a new community manager without board approval?
A: First, check the management agreement as there should be a section concerning staff and the ability of management to make changes. Then check the payroll budget. If the budget is just some total payroll amount without breaking it down as to the salaries paid to each staff member, it is possible.
Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.