Rising HOA fees, repairs cause headache
Las-vegas Review Journal
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Q: My HOA dues have gone up drastically. When I moved to my townhouse community in 2020, I believe I was paying $300. Now they are charging an extra $80 for this year, totaling $400. It is an issue. I recently had to have my electrical panel replaced which was almost $3,800. Also, I had to repair my roof and this was not covered at all. I just sent an email to the community with multiple pictures of the damages on the property that need to be fixed. What should I do? A: Many homeowners are facing rising costs, not only to maintain their own property but to maintain the association and its common elements. In addition, insurance premiums have reached an all-time high which doesn’t include the additional insurance that is now required by law, such as cyber insurance. The reader originally wanted me to provide some names of attorneys to contact as the reader believes that the association is not “living up to expectations.” Prior to contacting an attorney, the reader needs to have the last few years of the financials and the corresponding budgets which can be acquired by sending a written request to the association. The reader would also need to have a current copy of the reserve study. There is a life expectancy of the common elements. Associations that have preventative maintenance programs can enhance the life expectancy of the common elements. Unfortunately, too many associations operate on the concept “if it is not broken, don’t fix it.” Other associations have not properly funded their reserves so that the needed repairs, renovations and rehabilitation can be executed in a timely fashion. The reader may have personal repairs for her unit that are covered by the association that have not been addressed which is a separate and distinct issue for common element repairs such as roofs. The reader can request those repairs that are covered by the association in a written letter stating that if the repairs are not made, the reader will take further options, such as making the repairs and then taking the association to court. This community may need to have a serious analysis of its financial and physical problems with specific programs to address them. This would require meetings with the homeowners to openly address the issues and provide input from the homeowners to make the adjustments. The issues will not disappear overnight. Q: Is it mandated by state law that each unit of an HOA has one vote, or can an HOA change the method to one vote per homeowner? My husband and I often disagree on the issues or the candidates but we are limited to one vote per household. A: Even if the two parties are listed as owners on the deed, they only receive one vote per unit. Association voting rights are typically tied to the property unit, not the individual, meaning joint owners, such as spouses, must share the vote. Refer to NRS 116.311 (2b). 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.
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