Non-Compliance, Fines & Violations
NON-COMPLIANCE, FINES & VIOLATIONS
The majority of homeowners are responsible, law-abiding citizens who voluntarily cherish and maintain their homes. The Board wishes to extend a heartfelt thank you and send a message of recognition and appreciation to those homeowners. Even when there are compliance deviations here and there, the majority of homeowners immediately respond and handle the situation. Thank you, again.
However, in all associations, there are homeowners who just do not consistently care for and maintain the property to the standards set forth in the CCRs. The Board is obligated, in the best interest of the entire community, to fairly, equitably, and consistently enforce the rules.
Regardless of whether you are a periodic offender or not, all homeowners should be aware of the process.
All homeowners are strongly urged to be familiar with the CCRs and Rules and Regulations of the association.
Homeowners were required, during the purchase process of their home, to sign off that they received and understood the CCRs.
Prospective buyers have the right to preview the CCRs before purchase.
The State of Nevada is committed to homeowners being fully informed of what it means to live in a common–interest-community. For more information, see website sections, “Living in an HOA” and “Common Interest Communities”.
While this section of the website does not cover and encompass everything you should know, it is intended to cover the highlights. If you have questions, ask the Board / Management Company via fax, letter, or Email.
Rules & Regulations
What’s the difference CCRs and Rules & Regulations?
See the brief definition of CCRs above. The Board cannot modify the CCRs. There is a rigorous legal process to amend CCRs, however, it is uncommon for there to be a genuine need to amend CCRs.
Rules & Regulations are adopted by the Board,
They may be modified by the Board.
They are usually more specific than CCRs.
They must be consistent with applicable Federal and State Laws, and with the Governing Documents.
A copy of the Association’s Rules and Regulations is part of the package you received when you purchased your property.
A violation may be reported by a fellow association member, a Board Member, or the Compliance Inspector who does monthly inspections.
All homeowner reports of violations must be in writing and signed when communicated via postal mail or fax. If Email is used, there must be a homeowner’s name and address in the body of the Email.
The identity of the person reporting the violation will be held in confidence. It is not revealed to the offending party reported. Due to privacy and confidentiality laws, neither the Board nor the management company can reveal to any homeowner what action was or was not taken on another homeowner.
There must be a specific CCR section or Rules & Regulations identified to even begin the violation notification process. If the reporting homeowner doesn’t provide this information, the management company will research.
If the management company has any questions, the Board will be contacted for direction.
A copy of the violation report is filed in the homeowner’s file.
A copy of the Compliance Inspector’s Ride Log is filed in the association’s files.
Certain complaints are best handled through other city or county agencies, such as Animal Control, Neighborhood Justice, Police, etc.
Remember that homeowners are responsible for the compliance of their guests and tenants, too.
Each letter must include a description of the offense and identify the corresponding CCRs section or Rules & Regulation reference.
First Letter – Courtesy or Awareness – Request violation to be cured within 14 days (most violations)
Second Optional Letter – Formal Letter – Reminds homeowner again and requests violation to be cured within 14 days (most violations)
Hearing Notice – Homeowner will be notified via Certified Mail and regular postal mail of Hearing date, place and time. A homeowner is entitled to bring legal counsel, at personal expense.
Please note that it is 100% the responsibility of the homeowner to notify the association, in writing, of an address change. “Not receiving” any mail, Certified or regular, does not constitute relief of responsibility or penalties.
The Board, upon hearing what the homeowner has to say or reviewing the evidence presented, typically discusses these common options:
Determine there is not an active violation or an enforceable violation and close it;
Agree to a time extension for the homeowner to cure the violation;
Conditionally waive fines per agreement terms with homeowner;
Impose an additional fine. If the violation is still not cured within 14 days, the Board has the authority to impose a recurring fine. The State of Nevada allows a recurring fine of up to $100 every 7-day period, for each violation.
Recurring fines can be imposed without notice or additional an opportunity to be heard.
If the homeowner does not appear at the Hearing, the Board has the authority to impose the initial fine, subject to recurring fines.
If the homeowner cannot attend the Hearing, the homeowner can submit a written request to be excused and provide a letter of defense for the Board to review, discuss and make a ruling.
The Board would much rather have voluntary compliance than go through the time, effort and cost of enforcement and imposing, monitoring and collecting fines. Do your part to protect your asset and property values. Your full cooperation is very important!
Tenancy in community association has become increasingly common. Why? Several reasons. For starters community associations provide a majority of the housing stock in the United States and almost all the new housing developments in the Las Vegas surrounding areas are built in a community association. The benefits that attract homebuyers to community associations are appealing to tenants as well. In recent years, the Las Vegas market has been particularly attractive to real estate investors, both in-state and out-of-state investors, whether for rental or second-home purposes.
Tenants are typically as productive members of the community as homeowners. They should be treated with respect and encouraged to participate in the association. Today’s tenant may be tomorrow’s homeowner and maybe even a future Board Member.
Tenants have the same rights as homeowners for the most part, however, cannot vote or serve on the Board of Directors.
Communication between the homeowner and tenant is essential to a successful leasing experience. The homeowner is obligated to provide a copy of the CCRs and Rules & Regulations to the tenant.
Homeowners can purchase a copy of the Rules & Regulations, for a nominal cost, through the management company’s escrow department. Homeowners can purchase a resale package which includes a copy of the CCRs. Contact the escrow department for price and turn-around time
Tenants are subject to the same Rules & Regulations and compliance with CCRs, just like homeowners. Since the homeowner is ultimately responsible for the conduct and behavior of tenants and guests, it is the homeowner who violation letters will be mailed to and, if applicable, charged with fines.
Tenants can serve on committees. Tenants can report observed violations to the Management Company. Tenants can access the association’s website. Tenants can be issued gate keys, pool keys, and the like. All that is needed is a copy of the lease on file and identification,
When the management company has tenant contact information on file, the Board has the option, but not the duty, to incur additional costs to mail Newsletters, Board Meeting Notices and/or Welcome to the Neighborhood Letter to tenants.
If the homeowner has a professional property management company, a copy of that agreement should be on file with the management company also. The homeowner may request, in writing, that the management company copy the property manager of violation letters, in addition to the homeowner. Property managers are encouraged to establish a working relationship with the association’s community manager.
CCRs, Rules and Regulations may require that the homeowner provide a copy of the lease to the management company, subject to enforcement and fines for non-compliance, just like any other violation.