Wednesday, June 29 2022

Q: I have reviewed the Bylaws and Covenants, Conditions and Restrictions of our Owners Association. Nowhere does it state that an owner or their lessee can have absolutely no license plate on the vehicle (or on the back of the vehicle). The driver had our new HOA parking sticker on the bottom left of the driver’s window. Is there a Nevada state rule and regulation for this, (something) that supersedes the association’s incorporation documents that don’t address this? The tenant has a current license plate on the inside window dash for all to see. Is it legal? It has been like this for months. Your clarifications are always greatly appreciated. Thank you so much.

A: If the renter has a current license plate that is on the inside window dash, the vehicle would have been properly registered. The association could not verbalize the tenant because the license plate is not on the vehicle.

Now, if the renter decides to drive their vehicle out of the community on public roads, the license plate must be visible so that the police do not stop it.

The question is whether the parked car is registered or not. I don’t see how the ombudsman’s office would accept your association fining an owner just because the plates are not physically on the back of the car.

There are no Nevada Revised Statute 116 laws that are specific to how a vehicle displays its plates.

Q: I like your direct and honest answers to questions from the Las Vegas Review-Journal. I’ve been going back and forth with my HOA on my trim color since May 2021.

We have a five-person executive board and a three-person architectural review committee. Two members of the ARC are spouses of members of the Executive Board.

The council is threatening to put a lien on my house and issued fines totaling $3,000.

Am I fighting a lost cause or is the board unreasonable in their decision?

A: You have two separate issues. First, the information in your email does not detail the specific violations that resulted in a $3,000 fine.

The second question, on which you provided a lot of information, concerns the composition of the council and the architectural review committee. The laws you cited relate specifically to the board and its relationship with third parties when a board member benefits in some way.

Owners have the opportunity to make changes by volunteering and serving on their board of directors. For too many associations, the desire to run for office is not just there, whether or not the composition of the board of directors is truly representative of the community.

With respect to the architecture committee and the individual members who are related to some of the board members, this does not violate any state law. It is not uncommon to see significant people sit on the various committees. Often this is due to owners’ apathy to get involved. This will not change unless owners become motivated to actively serve in some capacity with the management of their association.

At this point, my recommendation for you is to work with the board to resolve the $3,000 in violations.

Barbara Holland is an author and property management educator. Questions can be sent to [email protected]

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