Homeowners association officials reveal key to compliance

By Jenny Davis (contact)

Thursday, Sept. 11, 2008 | midnight

When it comes to getting banks to follow homeowners association regulations on foreclosed homes, the key is to fine, fine, fine.

That's according to local HOA officials who spoke at a neighborhood forum hosted by the city of Las Vegas on Sept. 4.

In an effort to inform board members of homeowners associations and community managers about how to combat the problem of foreclosed homes becoming eyesores, the city invited HOA board members who have had success in dealing with the foreclosure crisis to speak at the event at the Centennial Hills Community Center.

Todd Youren, an HOA board member for Eagle Canyon Estates in the northwest part of town, talked about his experience of being on the board in the 28-home community that has experienced 20 foreclosures since 2005.

"We've come a long way in the past three years," he said. "You have to look at your HOA as your fort, and be ready to take battle by knowing the CC&Rs (conditions, covenants and deed restrictions) inside and out, and if they're not strong, look at ways to modify them."

One way Youren and his fellow board members modified the CC&Rs was by increasing the kinds of violations that could result in fines. For example, specific situations rather than general circumstances could result in fines.

"Don't just have a fine for landscaping, but have a fine for a dead tree, for weeds, for dead plants, for the sprinkler system," he said. "Each one should be a fineable issue. Fine, fine, fine."

Youren said banks started paying attention when they started receiving invoices for $500 a week for each home in violation. Youren said the board has not collected all the $10,000 in fines it levied over the past three years but has received about $6,000. The community now has only six homes with vacancies.

Lisa Morris, deputy director of the city's Neighborhood Services Department, said the city has started cracking down on violations with its own civil penalties.

When residents call to complain about a residence that is not being taken care of while in foreclosure, the Neighborhood Services agency will investigate and, if necessary, send a notification to the owner to take care of the property, whether the home is in a homeowners association or not.

If, after multiple notices, the problem is not taken care of, the agency will fine the owner. The fines are to get the attention of owners and are in addition to any fees that may be imposed if Neighborhood Services has to send in crews to clean up foreclosed properties.

Because so many of the owners were not showing up to hearings or ignoring letters, the City Council during a July meeting encouraged Neighborhood Services to take a stronger approach and impose daily civil penalties of $500.

"When you start fining $500 a day, the phones start ringing," Morris said.

However, Morris said the penalties are not used if the owners show any type of interest in taking care of the property.

Some forum attendees said Neighborhood Services pays attention only to large problems that can cause health issues, and not to issues like dead grass or trees.

The HOA officials also said that because of liability issues, they didn't feel they could turn on the water or electricity at foreclosed homes. They could also be charged with trespassing, some said.

Renters can go to the Clark County Recorder's Web site and search to find whether the home they are renting in is in foreclosure or going into foreclosure.

The process involves finding out the parcel number of the home by going to the Clark County Assessor Web site. With the parcel number, go to the Recorder's Web site and input the parcel number into the "Advance Search" area. Afterward, click on "Detail Data," where it will show whether default paperwork has been filed on the home.

The Recorder's Web site posted a story by a local news station that gives detailed, step-by-step instructions and is accessible by clicking on "Find out if your rental home is in foreclosure."

Jenny Davis can be reached at 990-8921 or jenny.davis@hbcpub.com.

Jenny Davis can be reached at 990-8921 or jenny.davis@hbcpub.com.