Q: In a recent column, you said an HOA can administer fines for speeding on private roads as long as the speed limit is “reasonable”? What would you define as being a reasonable speed limit? I live in a community with several subassociations and in one the posted speed limit is 10 mph. All others are 15 or 25 mph.
A: Generally speaking, the developer sets the initial speed limits within the association. You should contact your community manager to find out why your speed limit is set at 10 mph. Either your developer initially set the 10 mph limit or your board may have changed the speed to be 10 mph.
Even at 15 or 25 mph, to be hit by a vehicle can cause serious injury to a person, especially to a child running into the street.
The bottom line, drive slowly and stay alert.
Q: I received an email from my HOA that my trash cans can be seen from the street, with a 30-day notice to correct or be fined. It came with absolutely no information on how to correct. I began thinking that I can fix this by creating a standalone blind using PVC, stepping stones and cedar fencing. My thought was because it was a standalone object it would not be considered architectural and would not need approval because it solved the aforementioned problem. Now I am being told that wood is not allowed. When asked about other materials, I was told thick compressed composite vinyl. I went online and couldn’t find anything. It seems that my only option now is to purchase a vinyl shed, to the tune of $179 plus tax. Your thoughts?
A; Under NRS 116.332 (2b1-2), the association can require a resident to have their trash containers stored in the rear or side yard, if such locations exist and in such a manner that the trash containers are screened from view from the street, a sidewalk or any adjacent property and include without limitation, the rules prescribing the size, location, color and material of any device, structure or item used to screen the containers.
In the reader’s case, an association can require prior architectural approval from the association for constructing a permanent or semipermanent structure to screen the trash containers.
Under NRS 116.31031, a violation notice must include an explanation of the applicable provisions of the governing documents, specify in detail the alleged violation and the proposed action to cure the alleged violation.
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.
