Fill - Free fillable Form 2020: Community Insights FALL A NEWSLETTER FROM (Nevada Real Estate Division) PDF form

Community Insights

FALL

2020

A NEWSLETTER FROM THE COMMON-

INTEREST COMMUNITIES AND

CONDOMINIUM HOTELS PROGRAM

DEPARTMENT OF BUSINESS & INDUSTRY

REAL ESTATE DIVISION

In this issue

Ombudsman’s Huddle 1

Ombudsman Oice Statistics

Questions from Our Constituents

What Happened at Commission?

2New CCICCH Commissioner Phyllis Tomasso

6Pop Quiz: Are You a Good Member of the Board?

The Foreclosure Process

Home Sales During the Pandemic

Working from Home in a CIC

Mailing in Your Annual Fee 2

OMB

BU D

SMA

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HU D

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- OMBUDSMAN CHARVEZ FOGER

Ombudsman’s

Huddle

s Nevada eagerly prepares to resume ‘business as usual,’ or at

least reinstate some of the practices that were in place prior to the

pandemic, we ask that associations continue to follow the governor’s

emergency directives regarding the reopening process. This guidance can be

found directly on the governor’s main Emergency Orders page. It is especially

important to pay attention to directive expiration dates, as well as any

extensions which may have been provided. Most recently, it is important to

note that the governor has eased restrictions on venue capacities and large

gatherings.

I also ask that community managers and board directors continue to seek

guidance and advice from hired experts. While many in the industry would

like NRS 116 to have all the answers, statutes are not created to anticipate

unique circumstances. NRED sta are simply not able to answer many of the

pandemic-specific situations and dilemmas that have arisen due to Nevada’s

COVID-19 response.

Once again, I am advising that associations err on the side of caution

whenever possible. Keeping our constituents safe is of our utmost concern,

and we appreciate all of the eorts the CIC industry has made to ensure that

there has been no major disruption to business during this time.

ith the continued closure of the Nevada State

Business Center, many forms and payments that

were typically accepted by walk-in or drop-o, have now

only been accepted by mail. This has led to an enormous

increase in the amount of paperwork to be processed each

day by our mail team.

As such, the Ombudsman’s Oice is asking associations

to give our sta suicient time to process this mail and not

wait until the last minute, or end of the month, to submit

annual association registration forms and payments.

Remember, payments must be IN THE OFFICE by the last

day of the month (Policy 01-2).

NRS 116.31155 outlines the consequences for

associations if required annual registration payments

are not received timely, stating that the Division shall

impose an administrative penalty equaling 10% of the

amount of the fees owed or $500, whichever amount is

less. Additionally, the amount of unpaid fees owed bears

interest at the rate set forth in NRS 99.040 (a rate equal

to the prime rate at the largest bank in Nevada, plus 2%),

from the date the fees are due until the date the fees are

paid in full.

As a reminder, if an association is subject to the

governing documents of a master association, the master

association shall pay the registration fees required, unless

the governing documents of the master association

provide otherwise.

Once again, we thank you for being understanding

and flexible with us during this time, and appreciate any

attempts made to proactively submit registrations at

least 5 business days in advance of the due date in order

to give the oice suicient time for receipt and internal

processing.

Mailing in Your Annual Fee

Please welcome

the newly appointed

homeowner member of

the Common-Intesrest

CICCH Commission:

Phyllis Tomasso.

Ms. Tomasso

originally hails from

the western part of

New York State. Aer

graduating from

college with a BA in

Mathematics and

Physics, she began a

career in Computer

System Design with

Eastman Kodak in Rochester, New York.

Over several years, she worked with

Union Carbide chemical corporation,

the University of South Carolina, and

American Industries & Resources

Corporation in Ohio.

While living in Ohio, Ms. Tomasso

took on the additional duty of acting

as a property manager, overseeing

100 rental units. She continued as a

property manager for 20 years, gaining

experience working with residents in

communal properties, and learning the

importance of “giving people a sense

of belonging to a community while

remaining open to the many points of

view among various residents.”

As a property manager, she states

“it is of the utmost importance to

give current residents a desire to care

for that community, while hopefully

inspiring future residents to gain that

same feeling.”

In 1995, Ms. Tomasso moved to Las

Vegas, where she was introduced to the

concept of homeowner associations.

It did not take her long to recognize

the benefits an association oers

homeowners.

Always active in the communities

in which she resided, Ms. Tomasso

quickly and naturally transitioned

from observing, to serving on her

HOA boards. She has served as both a

director and vice president, and has

been impressed with the remarkable

job Nevada has done of “creating a

strong foundation for associations,

setting a precedent of protecting their

future and integrity.”

NEW CCICCH COMMISSIONER PHYLLIS TOMASSO

“I am truly

honored to

be a part of

continuing to

keep Nevada

the ‘Gold

Standard’ for

HOAs.”

The Foreclosure Process

Now that the foreclosure moratorium has ended, it is important for anyone serving on their association’s

executive board of directors to refresh their memories regarding the collection process within Common-

Interest Communities. Mike Randolph with HOA Collections LLC created the quick guide below:

Familiarize yourself with the law regarding foreclosure (NRS 116.3116—

116.3117) and your governing documents (declaration of CC&Rs and

collection policy).

STEP 

STEP 

Make sure that your annual budget mailer sent out pursuant to NRS

116.31151 is set to contain the:

• Service member protection notice and response form required by NRS

116.31625;

• Federal, state, and tribal worker protection notice and response form

required by NRS 116.31627; and

• Association’s collection policy.

STEP 

Understand the initial steps.

• NRS 116.31162(4) requires that a pre-collection notice be sent “not earlier

than 60 days aer the obligation becomes past due.”

• This notice contains: a schedule of fees that may be charged if the unit

owner fails to pay the past due obligation, a proposed repayment plan,

and a notice of the right to contest the past due obligation at a hearing,

including procedures for requesting such a hearing.

• If the homeowner does not: pay in full; enter into a payment plan/ make a

payment within 10 days; or request a hearing to contest the amount with

the board, there is a 30-day waiting period before the next step can be

taken.

• If your collection policy states that a Notice of Intent to Lien will be sent

prior to recording the lien, that must be done within the appropriate

deadline as outlined in the policy.

THE FORECLOSURE PROCESS (CONTINUED)

Understand the sale.

• Aer the expiration of the 90-day period, before selling the unit, the Notice

of Sale must be recorded, posted in 3 public places in the county and at

the unit, mailed by certified mail to everyone included in the mailing of the

Notice of Default, and mailed to the Ombudsman. It must be published for

three consecutive weeks in a newspaper of general circulation in the county.

• The sale must be held between the hours of 9 a.m. and 5 p.m. at a public

location designated by the county, or at the county courthouse, depending

on the county.

• The sale may be postponed up to three times by oral proclamation to

another date at the same location and same time as originally noticed.

• The sale is to the highest cash bidder.

• The purchaser will receive a certificate of sale which is to be recorded

including a statement that the sale is subject to a 60-day right of redemption

by the defaulting owner, a junior lien holder, or their successors in interest.

• If the security interest holder satisfies the amounts that are prior to the

security interest not less than five days before the sale, the security interest

is not extinguished, and a record of such satisfaction must be recorded

before the sale may take place. It must be announced at the sale that the

satisfaction has been tendered.

• Aer the 60-day redemption period has expired, the purchaser receives a

deed to the property.

STEP 

STEP  (CONTINUED)

• Next is the recording and mailing of the Notice of Delinquent Assessment

Lien, which must be mailed by certified or registered mail, return receipt

requested, to the address of the owner, if known, and the address of the

unit.

• Follow up demands and a notice of intent to file a Notice of Default can be

sent at this time. Again, look at your collection policy to determine if they

are required.

• 30 days aer the Notice of Delinquent Assessment Lien has been mailed,

the association may record and mail a Notice of Default and Election to Sell

to satisfy the lien.

• This notice has a 90-day redemption window starting the first day

following the mailing (certified mail, receipt requested) of the Notice to

the owner, their successor in interest, the unit, the holders of all recorded

security interests, and any person who has requested notice pursuant to

NRS 116.31168.

• Authorization to publish must be placed on the agenda and voted on

in a meeting of the Board of Directors, and if approved, signed by the

appropriate board member and returned to the agency handling the

foreclosure.

According to the National Association of Realtors,

existing-home sales in the Western portion of the country

increased 30.5% in July 2020, a 7.8% increase from just

one year ago.

With residential real estate proving itself to be a

booming industry during the Covid-19 pandemic, it is once

again important for unit owners within Nevada common-

interest communities to familiarize themselves with the

intricacies of the resale package (NRS 116.4109).

Important areas to remember are as follows:

• Costs of the resale package are charged to the seller

of the unit.

• The association shall furnish a resale package within

10 calendar days of receipt of written request.

• Resale packages remain eective for 90 calendar

days.

• Provided in electronic format at no fee are copies

of the: declaration of CC&Rs; bylaws; rules &

regulations; information statement required by NRS

116.41095; current operating budget; current year-

to-date financial statement; reserve summary; and

estimate of the total annual assessment/funding

plan necessary to cover future reserve costs.

• Pursuant to NAC 116.465, a certificate is provided

for a fee not to exceed $160. This includes a

statement of: any unsatisfied judgments or pending

legal actions against the association; transfer fees,

transaction fees, or any other fees associated

with the resale of a unit in that community; all

current and expected fees for the unit (including

assessments, fine amounts, collection policy, etc.).

• A statement of demand is provided at a fee not to

exceed $165. This includes the amount of monthly

assessment needed for common expenses and any

unpaid obligation of any kind currently due from

the selling unit’s owner.

• The demand remains eective for the period

specified in the demand, which must not be

less than 15 business days aer the date of

delivery.

• The association shall furnish a statement of

demand to the person who requested the

statement and can provide a copy to any

other interested party, whether the seller or

prospective purchaser of the unit.

• Aside from expediting fees, the association may not

charge any other fees for

preparing or furnishing

required documents.

Home Sales During the Pandemic

Separate from the costs of

furnishing

the resale package, and subject to the declaration, pursuant

to NRS 116.3102(1)(o) the association may also charge a fee for

opening or closing a file

for each unit.

1) Such a fee must not exceed $350 and must:

2) Be based on the actual cost the association incurs to open or close any file.

3) Not be charged to both the seller and the purchaser of a unit.

4) Be disclosed as part of the certificate described above.

1. Have I familiarized myself with NRS and NAC 116?

YES NO

7. Do I conduct business of the association appropriately,

via at least a quorum of the board, at a board meeting?

YES NO

2. Have I read my association’s governing documents,

including the declaration of CC&Rs, bylaws, rules/

regulations?

YES NO

8. Do I actively participate and hold appropriate

discussions during board meetings while remaining

respectful of other board members and unit owners

present, as well as the community manager?

YES NO

3. Do I understand my role on the board or the duties

which may have been delegated to the community

manager as outlined in the current management

agreement?

YES NO

9. Do I keep specific unit owner information confidential

at all times and keep association matters o of

social media sites, only communicating community

information through oicial publications?

YES NO

4. Am I familiar with all contracts to which the association

is a party? Do I maintain cordial relationships with all

hired vendors, when required as part of my outlined

duties, to ensure continued maintenance and upkeep

of the community?

YES NO

10. When attending violation hearings, am I fair and

unbiased, willing to listen to the alleged violator

and ready to apply any consequences stated in the

governing documents uniformly to similar situations?

YES NO

5. Have I reviewed the reserve study in order to

understand which projects may be upcoming and the

funding necessary?

YES NO

6. Have I reviewed the association’s current financial

statements and made myself aware of the current

schedule of revenues and expenses for the operating

and reserve account, compared to the budget for

those accounts?

YES NO

Are You a Good Member of the Board?

POP QUIZ

Although oen a thankless duty, serving on an association board is extremely important.

If you are currently serving your community as an executive board director or oicer, please take a

minute to ask yourself the following questions:

If you answered “yes” to the questions

above, then congratulations! You are well

on your way to being a productive and

beneficial member of your executive board

and representative for your community.

We ask that you be thoughtful with this

position and continue to take steps

towards best understanding your roles and

responsibilities moving forward.

hen residing in a

common-interest

community

(CIC), you are bound by the

covenants, conditions and

restrictions (CC&Rs) contained

in the community’s declaration.

Pursuant to NRS 116.2105(1),

the declaration must contain

any restrictions on use and

occupancy of the units.

Most CICs in Nevada are

restricted specifically to

residential use. Pursuant to NRS

116.083, residential use means

“use as a dwelling or for personal,

family or household purposes

by ordinary customers, whether

rented to particular persons or

not, but does not include spaces

or units primarily used to derive

commercial income from, or

provide service to the public.”

While this may seem clear,

recent occurrences have made

the separation of residential

home life, and the jobs from

which residents derive their

primary source of income,

nearly impossible. Those

who transitioned from their

businesses to home are now

finding themselves having to

adjust to conducting many

of their work tasks in this

new environment, while

simultaneously making sure

not to become a burden on

their neighbors. Accordingly,

associations have had to grapple

with the question of whether or

not certain work functions could

be seen as potentially violating

their community’s declaration.

It is obvious that some work-

from-home jobs are less invasive

to the community than others.

Teaching students remotely

from home, for example, is

very dierent from running a

home daycare. Why? One may

potentially be done without the

neighbors even knowing, while

the other will most likely bring

additional traic and noise into

the community. The question

then arises of how the board

should treat each of these types

of violations.

Unit owners must understand

that the board is constantly

walking a fine line between being

too obtrusive into homeowners’

lives and properly addressing

other homeowners’ complaints.

The board cannot simply ignore

a resident who complains that

their neighbor is engaged in some

sort of behavior in opposition to

the CC&Rs, especially when the

behavior creates a “nuisance”

or negatively impacts the “quiet

enjoyment” of other residents in

the community.

When the board does receive

complaints of a potential home-

business, it must act carefully.

Aer all, how does the board

Working from Home in a CIC

know that this unit owner is in fact running a

business, as opposed to simply helping family

and/or friends during a diicult time? The answer

is that the association must provide the unit owner

with an opportunity to be heard regarding any

potential violation of the governing documents.

When it comes to alleged businesses being ran

from the home, the association should first focus

on any obvious adverse impact on the community.

Ideally, a picture can be obtained of the violation;

i.e. cars being parked where they should not be,

trash and/or boxes being le out against the

association's rules, commercial signage being

installed when not permitted. Each potential

violation of a similar nature must then be treated

equally, resulting in a notice being sent to the

alleged violator.

When addressing governing document

violations, NRS 116.31031 states that, within a

reasonable time aer discovery of the alleged

violation, the violator should be provided

with written notice: specifying in detail the

alleged violation; including a clear and detailed

photograph of the alleged violation if possible;

the proposed action to cure the alleged violation;

the amount of the fine; and the date, time and

location for a hearing.

By applying the CC&Rs to violations which have

the greatest potential of impacting others in the

community, board members can work towards

preserving the “quiet enjoyment” of residents. At

the same time, they can remove themselves from

the perception of being arbitrary or capricious

when taking enforcement action by applying

provisions of the CC&Rs uniformly, and taking into

consideration whether or not the violation can

be justified by clear and specific language in the

governing documents.

While there are absolutely times when behavior

occurring inside of a unit needs to be corrected, the

board’s job can be made easier by acting on those

violations of the governing documents which can

be easily documented, diicult to refute due to

photographic evidence being obtained, and which

negatively impact others in the community. The

ultimate goal is always to protect and preserve

the community from harmful behavior, and

the executive board, aer hearing the facts and

circumstances, always has discretion regarding

whether to take enforcement action.

WORKING FROM HOME IN A CIC CONTINUED

I recently submitted a Complaint Form 530 to your oice and was told that I did not meet the

requirements of NRS 116.760. Can you explain?

A person who is aggrieved by an alleged violation committed by their association may, not later than 1 year

aer the person discovers or reasonably should have discovered the alleged violation, file with the Division

a written aidavit stating the facts. The aggrieved person may not file such an aidavit unless he or she

has first provided the respondent by certified mail, return receipt requested, written notice of the alleged

violation set forth in the aidavit, specifying, in reasonable detail: the alleged violation; any actual damages

suered by the aggrieved person as a result of the alleged violation; and any corrective action proposed by

the aggrieved person. The aidavit must also be accompanied by evidence that: (1) The respondent has been

given a reasonable opportunity aer receiving the written notice to correct the alleged violation (at least 10

business days) ; and (2) Reasonable eorts to resolve the alleged violation have failed.

What does the Division consider to be a “reasonable eort” as stated in this provision of law? We expect

the board/community manager to abide by NRS 116.31087 whenever they receive a certified complaint by

the unit owner and, not later than 10 business days aer receiving such a complaint, acknowledge receipt

of the complaint and notify the unit’s owner that if he or she submits a written request that the subject of

the complaint be placed on the agenda of the next regularly scheduled meeting of the executive board, the

subject of the complaint will be placed for discussion as such.

Q1.

My association recently notified me that my tenant had a guest over who was refusing to pick up

aer their pet as is required in our association’s governing documents. This notice informed me of

a potential fine if I do not address this behavior with my tenant moving forward. How can I be held

responsible for the behavior of my tenant’s guest?

NRS 116.31031(2) states that “the executive board may not impose a fine against a unit’s owner for a violation

of any provision of the governing documents of an association committed by an invitee, unless the unit’s

owner:

(a) Participated in or authorized the violation;

(b) Had prior notice of the violation; or

While we can most likely agree that (a) and (c) do not apply to this situation, (b) is exactly what the

association is attempting to comply with by sending you a courtesy notice of the alleged violation. Now

that you have been notified, you have the opportunity to remind the tenant of the association’s rules and

regulations, as well as any repercussions outlined in the rental agreement. You also have the opportunity to

let your association’s board of directors know that you are correcting the alleged violation as required.

Q2.

I am on my association’s executive board of directors and we have been conducting certain

business via email. A unit owner now wants to see those emails, should we be providing them?

NRS 116 speaks of conducting board business at a properly noticed board meeting, including an agenda,

minutes, etc. (NRS 116.31083). NRS 82.271(3) states that “unless otherwise restricted by the articles or bylaws,

members of the board of directors may participate in a meeting through electronic communications, or

other available technology which allows the participants to communicate simultaneously or sequentially.

Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.”

As long as abiding by chapter 82 does not cause the board to avoid the requirements of chapter 116, there

may be no conflict between the two provisions regarding board meetings.

If a circumstance arises in which board members must participate in a meeting utilizing electronic methods,

any electronic communication involved in the decision making of the board, resulting in board action taken,

does become an association record to be provided upon request of a unit owner.

Q3.

Questions from our Constituents

What happened at Commission?

ALLEGATIONS/STIPULATIONS

Stipulations occur when both the respondent and the Division have agreed to conditions reviewed and accepted by

both sides. A stipulation may or may not be an admission of guilt.

ACTIONS/DECISIONS

Acts of the Commission for Common-Interest Communities and Condominium Hotels are not published until aer the

30-day period allowed for filing under Judicial Review. If a stay on discipline is issued by the court, the matter is not

published until the final outcome of the review.

TYPE OF RESPONDENTCASE NUMBER

ALLEGATIONS/VIOLATIONS

DISCIPLINARY ACTIONS

Supervising Community Manager2018-952

2018-978

2019-409

NRED V. GERALD MARKS

Respondent violated NRS 116A.630 by failing to comply with state laws, failing to abide by the management agreement, failing to

act as a fiduciary when misrepresenting the association's required reserve funding, failing to exercise ordinary and reasonable care

in the performance of his duties by allowing a non-unit owner to serve on the executive board, and by permitting a board member

to be compensated by the association for providing payroll services; NRS 116.31153 by being the sole signer of association checks

and withdrawing money from the reserve account without proper signatures, and by creating a budget based on tiered assessments

when the association's governing documents did not permit tiered assessments; NRS 116.31034(4) by failing to give unit owners

notice of eligibility to serve as a member of the executive board; NRS 116.4109 by failing to furnish a resale package that stated any

pending legal actions against the association and the status of such litigation; NRS 116A.640 by impeding or otherwise interfering

with an investigation of the Division by failing to comply with a request for documents, providing false or misleading information to

an investigator, and concealing facts or documents relating to the business of the association; and NAC 116A.355 by demonstrating

a significant lack of ability, knowledge or fitness to perform a duty or obligation owed to a client, failing to exercise reasonable skill

and care with respect to a client, and committing unprofessional conduct or professional incompetence by failing to act in the best

interests of a client by failing to disclose a Law Firm letter to the board before the association incurred $18,000 in attorney fees.

Within 90 days of the eective date of this order, Gerald Marks shall pay a total amount of $78,536.39 ($75,000.00 fine, $3,536.39 in

fees and costs). Respondent’s license shall be revoked for a period of 10 years from the eective date of this order. At the expiration

of the 10-year revocation period, respondent may reapply to the Division for a license but only if the amount due stated above has

been paid in full. The Division may institute debt collection proceedings for failure to timely pay the amount due, or any installment

thereof. Further, if collection goes through the State of Nevada, then the respondent shall also pay the costs associated with

collection.

TYPE OF RESPONDENTCASE NUMBER

ALLEGATIONS/VIOLATIONS

DISCIPLINARY ACTIONS

Community Manager2018-977

NRED V. LISA TUFANO

Respondent with a temporary community manager certificate terminated her contract with the association that hired her under

that certificate and then began working for a dierent association aer her temporary certificate had expired. NRS 116A.410(1)

states that the Commission shall by regulation provide for the issuance by the Division of certificates. NAC 116A.137(2)(a) states that

a temporary certificate expires as of the time that the certified person ceases to be employed by the association which made an

oer of employment. A temporary certificate may not be renewed, and no person may obtain another temporary certificate aer the

temporary certificate issued to that person has expired.

No discipline ordered. Respondent admitted that she had no ill intent and misunderstood the regulation. She has since obtained her

community manager certificate and is managing under that credential. The Commission ordered the case dismissed.

STATE OF NEVADA

DEPARTMENT OF BUSINESS &

INDUSTRY

Terry Reynolds

Director

REAL ESTATE DIVISION

Sharath Chandra

ADMINISTRATOR

COMMON-INTEREST COMMUNITIES &

CONDOMINIUM HOTELS

Oice of the Ombudsman

Charvez Foger

OMBUDSMAN

Monique Williamson

EDUCATION & INFORMATION OFFICER

EDITOR

COMMISSION FOR COMMON-

INTEREST COMMUNITIES &

CONDOMINIUM HOTELS

Michael Burke, Esq., Chairman

ATTORNEY MEMBER

Charles Niggemeyer, Vice-Chairman

HOMEOWNER MEMBER

Richard Layton, Secretary

CERTIFIED PUBLIC ACCOUNTANT MEMBER

Phyllis Tomasso, Commissioner

HOMEOWNER MEMBER

Tonya Gale, Commissioner

COMMUNITY MANAGER MEMBER

Vacant, Commissioner

DEVELOPER MEMBER

Vacant, Commissioner

HOMEOWNER MEMBER

NEVADA STATE BUSINESS CENTER

REAL ESTATE DIVISION

OFFICE OF THE OMBUDSMAN

 W. SAHARA AVE. SUITE 

LAS VEGAS, NV 

PHONE: --

FAX: --

EMAIL: CICOMBUDSMANRED.NV.GOV

Ombudsman Information

July through September 2020

OUR OFFICES WILL BE CLOSED

UNTIL FURTHER NOTICE:

Total Associations Registered in the State of Nevada 3,432

Complaints Received 85

Alternative Dispute Resolution (ADR) Filings 97

Associations Reviewed for Possible Audit 50

Records Requests Processed 9

Training Sessions Conducted 37

Classroom Attendees 675

UPCOMING HOLIDAYS

OCTOBER  / NEVADA DAY

NOVEMBER  / VETERANS DAY

NOVEMBER  / THANKSGIVING & FAMILY DAY

DECEMBER  / CHRISTMAS DAY

JANUARY  / NEW YEAR'S DAY

UPCOMING COMMISSION MEETINGS

OCTOBER 27-29

To receive updates as to when the oice

will reopen, as well as other pertinent,

ongoing information, please sign up to

receive Ombudsman emails by subscribing

from our Direct Link.

Further details located on the CICCH Commission Calendar.

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