Letter: Homeowners board aren’t tyrants

Sunday, Dec. 6, 1998 | 9:31 a.m.

The declaration (CC&Rs) is a legal document that is a part of the title for each homeowner. A board of directors has no power to choose which rules it will and won't enforce. To do so is a violation of their fiduciary responsibility to the association.

All homeowners are made aware of these documents prior to close (NRS 116.4103). This means that in all cases homeowners should be well aware of the rules of a particular association and can opt to not close based on that knowledge.

It is always the "tyranny" of the board of the directors that gets discussed rather than the "ignorance" of the homeowner for not reading part of their title. For an owner to complain that the board is "picking on them" or are being targeted by "someone who didn't have anything better to do than find somebody doing something wrong ... " is preposterous.

If an owner is breaking a rule, it doesn't matter who first noticed it or how many violation letters they've already received. The fact still remains they are breaking the rules. It is really pretty simple -- follow the rules or change them. Several sections of NRS 116 and Senate Bill 314 specifically define how the membership has the right to do just that.

The purpose of a homeowners association is nothing more than to protect the value of the common areas and to ensure that each owner is allowed maximum enjoyment of his or her investment without infringing on the right of other owners. Homeowners associations as such are considered an amenity. To paint the picture of the big, bad association persecuting the meek, defenseless renter is not only irresponsible but honestly laughable.

Anyone breaking the rules of an association are subject to the penalties of the association -- whether an owner, guest, family member or renter. An owner who has rented his unit is responsible for actions of his tenants, just as all owners are responsible for the actions of their family and guests.

If the owner believes that his tenant is collecting too many penalties, then it is the owner who evicts the tenant. Not the association.

Randy E. Shull