Compliance for All or The Few??

[Rana Goodman]

Several neighbors have reached out discussing the condition of a home near where they live that is so far out of compliance with the HOA rules, health and safety conditions and numerous other issues which seem to be languishing for  more than five years with no one taking charge or control of the situation.

Under usual circumstances, when the compliance officer drives around and sees violations, or a neighbor reports the property, the owner is giving a notice, a picture of the problem and is warned to take the home back into compliance of face fines and possibly a lien on the property.

Let’s face it, a lien on the property means little unless the house is to be sold. Neighbors might question the HOA, but according to Nevada Statutes, what happens between the violator and management is confidential so the status will never be discussed with those questioning the condition of a neglected property.

Those of you who may recall the home whose owner painted graphic slogans all over the garage, hung items from the trees in his front yard and tore up his notices, tossing them into the street to show his disdain for the association. Finally, the HOA hired a painter to repair the graffiti and the attorney for the board was in charge of collecting reimbursement from the owner.

But what happens when a house is vacant for long periods of time, the owner or bank ignores the warning letters and as time goes on, not only does the house fall into total disrepair but it becomes a health and safety issue due to rodent infestation, vagrants, and squatters?

When I was on the board of another HOA there was a home that was also in total disrepair. We, the board, did an owner search and located the bank that owned it. The board gave the bank 15 days to bring the property into compliance. At the end of 15 days the HOA would have their landscapers put everything back in order and the bank had the time limit for reimbursement. Wonder of wonders, the bank complied and all was well once again.

I find it aggravating and insulting that the HOA takes a hard line with compliance issues with responsive owners, yet drag their feet and find dozens of reasons why they cannot take that same hard line with homes that are a dredge on the entire community. Could this be a reflection on legal counsel’s desire to keep the bills rising?

 

[MARCIA KOSTERKA]

Nothing would surprise me at some of the decisions emanating from those with the power that make some of the decisions regarding all owners or targeting someone in particular.  It is hard not to question if personal motivations are behind these decisions.

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