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Nevada Updates and Blasts

 

Although you may still receive email blasts, here you can also find the latest Nevada CID news from SEB.
To be placed on the list for Nevada email blasts just send a request to SEBLV.
You must include your full name, occupation, title and company or community if a manager.

Blasts are retained for 6-10 months.

(REMEMBER, I AM NOT AN ATTORNEY AND I AM NOT INTENDING ANY OF MY MESSAGES
TO BE CONSIDERED A LEGAL OPINION OR TO BE USED AS A LEGAL OPINION. IF YOU NEED A LEGAL OPINION, PLEASE CONSULT WITH YOUR ATTORNEY OR THE ASSOCIATION'S ATTORNEY)

 February 2024 

Date: 020524 ... Classes - Reno & Vegas                                                                                                           

I don’t know how many of you need classes, but Silver State Fair housing asked me to pass this on to all of you.  It is a good class and has 3 hours of law and legislation credits - CE.0060001 
I have attached their flier so you can see how to sign up and it is in person.

Gary Lein will be doing his financial class in May, and it should be noticed soon, but this is open for your directors to attend and understand as well.

Here is the link to look up other classes.  They are updated every Thursday apparently.

https://red.nv.gov/uploadedFiles/rednvgov/Content/Education/Calendars/camce.pdf

 ......Class Flier

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Held Highest National CAM Designation (1993-2018)

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

www.hoasupport.com

 January 2024 

Date: 011624 ... A BELATED HAPPY NEW YEAR! ... Hopefully it will be just that ...                                On Another Very Important Matter .... Are Your Smoke Detectors Working Properly? Are You Servicing Them Annually?

 

When was the last time they were checked, and the batteries replaced?

There is a component in our homes that we all take for granted. … Smoke Detectors.

Referenced sources state that smoke detectors be checked regularly by depressing the button found on the body of the detector and listening for a loud screech as this is what the detector will sound like in operation. Batteries should be changed once a year. Select a consistent time of year to replace the batteries. The start or end of daylight savings is one good suggestion, but any annual date will work.

Any remodeling to the home which includes internal remodeling or to the exterior structure (such as adding a room) which may require the addition of new detectors requires that all detectors in the home be replaced with like kind.

The real reason for this article is due to an issue we ran into in our home recently. As many of you have had happen, one of the detectors started its periodic, annoying beep. Battery time! Of course, when one starts beeping, it’s usually a good time to replace all of them.

So, I called a friend, and he came over with his ladder that reaches to the stars and we proceeded to embark on the fun job of replacing smoke detector batteries on our 15 or so foot ceilings. We also wound up having to replace a number of the detectors. (An aside note: All detectors are required to talk to one another. So … if one goes off, they all go off.) What we found, however, is that three of them were not wire into the system and couldn't be ... no third wire. They were unable to talk to the others. So, we decided we needed to replace most of them with the same newer ones that were already installed.

These devices are installed for our safety and need to be checked regularly and batteries replaced. If you have questions regarding these devices, you can stop by one of the Fire Stations near you and speak to one of the fire fighters. They’ll be happy to help you or direct you to the right source.

Don Barry  RSS-03

Held Highest National CAM Designation (1994-2014)

Community Solutions, Inc.

Reserve Studies and More

Henderson, Nevada  89053-0639

702-303-7196

csireserves@aol.com

Date: 011624 ... COMING! Water Conservation is a Priority of the City of Henderson! ... Waiting on updated information.

 December 2023 

Date: 121423 ... New Tax Law May Spell Serious Challenges for Condos/HOAs. ..... FinCEN Requiring New Beneficial Ownership Reporting Rule Effective January 1, 2024

The Corporate Transparency Act is likely going to catch many condo and HOA boards off guard. That's according to Elizabeth White, counsel at the law firm of Sands Anderson PC in Williamsburg, Va., where she leads the firm's national community association industry team.
White and her coll
eague, Danielle Wang, of counsel at the firm, are sounding an alarm to the community association world about new reporting requirements under law as part of the Anti-Money Laundering Act of 2020. Essentially, the government wants financial information to combat money laundering, terrorist funding, and other financial crimes. But White and Wang say the new requirements may have a chilling effect on the willingness of members to run for election.
"This legislation passed with bipartisan support, and the intentions are good," says Wang. "But this hasn't gotten a lot of attention in the community association industry. We're doing our best to spread awareness with our clients and management company partners and to raise the alarm and national awareness."

 

Here's what you need to know on this topic, which is surely to evolve as community association lawyers like White and Wang learn more. FinCEN Wants Financial Details.
 

"The CTA is intended to enhance beneficial ownership transparency for reporting companies," explains White. "The law requires reporting companies to submit beneficial ownership information to the U.S. Department of the Treasury's Financial Crimes Enforcement Network, or FinCEN.
"In other words, the federal government wants a better idea of who owns or controls companies so it can better monitor corruption and financial
crimes," she adds. "Unfortunately, the law is so broadly written that it captures incorporated community associations in its broad net, and very few will qualify for an exemption. "The exemptions for HOAs are mainly limited to companies with more than 20 full-time employees and those that are tax-exempt for IRS income tax purposes under Section 501(c)(3)," says White. "Most associations aren't." Wang says she and other lawyers at her firm knew the CTA was coming late last year, which was when the first set of regulations were finalized. "It was hazy about how they might have applied to community associations," she explains. "We didn't have the tax piece weighed in. "There's an exemption if you're a certain type of tax-exempt entity," says Wang. "Understanding that took bringing in our tax teams to clarify how our clients would fit into the tax scheme. The answer is that a lot of our community association clients aren't going to be exempt." Why Associations Must Report Its board members' control over associations - which are most often corporations - that will trigger the requirement to comply with the CTA. 


"There are two types of beneficial owners," says Wang. "The first type is those who exercise substantial control over the company or own or control at least 25 percent of the ownership. It's difficult to find individual members who own 25 percent of a community association, especially in Virginia. So, it'll be the board's control over the corporation that triggers the requirements. "It could be officers or other individuals as well," she notes. "And that's where it gets muddy as well when it comes to exactly who is going to be needing to report. At a minimum, it'll be the board, but that's just the minimum. 


"If there's an owner who owns 25 percent or more of a community, that may also qualify for reporting," says Wang. "Let's say Joanne Millionaire owns 25 percent of the condos. She may also need to file with FinCEN, in addition to the association meeting its duty to report.
"The reporting company under the CTA has the duty to report," she notes. "What's not clear in an HOA or condo is how that's going to be coordinated. Should there be an individual assigned to collect this information for the report?" Talk to Your Lawyer Soon. Wang's advice to boards is to set up a consultation with your community association lawyer right away. "It takes a while for community associations to act," she explains. "If you need to amend your bylaws or declaration or any other governing documents in response to these new requirements, you need to start thinking about that now.


"The first report will need to be filed by the end of 2024," she notes. "It could be that everyone on the board is very happy to provide this information now. But what about the next set of board members after your election in 2023? Without having policies in place or the documents amended properly, it could be a problem getting the reporting information to FinCEN."


And what if your lawyer suggests you amend your documents to avoid these reporting requirements? That could take time. But it's also a bit of a longshot, says White. "When it comes to amending to become a nonprofit, you could look into that as an association, and you'll definitely need to go to an attorney who has some competency in this tax field," explains White. "There's a specific tax exemption for the CTA, which is being a 501(c)(3). But associations must be very specific in their corporate structure and operations to qualify.


"A lot of communities being created these days may not qualify," she adds. "You really need to get into the nitty gritty of the association's governing documents in connection with your tax activities to see if you can in fact meet the requirements. And if you apply and are denied 501(c)(3) status, you have to begin reporting under the CTA. "Also, if you have to change your governing documents so you fit into the glass slipper, owners would have to consent to those changes," notes White. "I've been doing this for 37 years, and many of my clients ask about nonprofit status. But not a single one has ever pursued it. "Once they find out the limitations, I like to say there are strings for that," she explains. "Most say they don't want those strings. And there's a high likelihood they won't qualify anyway." As Wang noted, start investigating your specific situation now because noncompliance could be expensive. "The penalties for noncompliance are fines of $500 a day up to $10,000," she states. "For willful failure to comply - essentially saying, 'We refuse' - it could be up to two years of jail time."
One more note. White and Wang say this is yet another liability added to associations that may push owners into deciding board service is too much of a burden. They're working with one of the country's largest management companies, and its leaders are concerned over the CTA for that very reason. They're already having a hard time finding people willing to serve at their associations nationwide. They say this probably won't help.

ADDITIONAL INFORMATION ON THIS NEW LAW ....

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Held Highest National CAM Designation (1993-2018)

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

www.HOASupport.com

Date: 120723 ... Two Important Classes in January                                                                                      

Two classes will be held in January that I am hosting on Zoom and I have attached the notices.  These are really good for new Reserve Specialist’s to take to get their license and renew their license vs. just any law class, etc.  Please let me know if you have anyone who wants to take these classes and I will put them down and send the link before the classes.    

Link to 01/18/24 class ... Budgets and Reserves in the CIC.

Link to 01/30/24 class ... NAC 116, NAC 116A NRS 116 & NRS 116A (NRS 116B & NAC 116B)  

 

 

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Held Highest National CAM Designation (1993-2018)

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

www.HOASupport.com

 November 2023 

Date: 091023 ... NRED, Classes and a Number of Other Important Items                                            

Two classes will be held in January that I am hosting on Zoom and I have attached the notices.  These are really good for new Reserve Specialist’s to take to get their license and renew their license vs. just any law class, etc.  Please let me know if you have anyone who wants to take these classes and I will put them down and send the link before the classes.    

 

 

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Held Highest National CAM Designation (1993-2018)

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

 September 2023 

Date: 091023 ... NRED, Classes and a Number of Other Important Items                                            

The NRED met with the owners of management companies and with some managers last week and some things were very clear.  I thought I would share some.

 

  1. Don’t ever ignore requests from the NRED.  If you are having trouble coming up with documents or something else, contact them and let them know as otherwise it does not make you look good and that you are ignoring them. 

  2. The NRED site for classes may be fixed, but if not the 9-21-2023 class put on by Silver State Fair Housing is in Las Vegas not Reno. The address got duplicated from the Ren one on 9-12.   I have attached both fliers again for Reno and Las Vegas so you have the information and can sign up correctly. 

  3. The law requires that you have 3 directors on the board at all times.  I know it can be a problem, but do not lie on the forms.  Any changes on the board must be sent into the Division on Form 623 within 30 days so please don’t forget to do it.  If you are having trouble getting directors, contact the NRED and they will try to help.

  4. Don’t lie on the insurance application, but if you put down on an application that you are not in compliance with Nevada law because of the above problem getting directors, they may not take the coverage.

  5. Solar Issues re:  Insurance and the laws in the CIC will be held on 10/25/2023 at 1:00 p.m. and is 2 General Hours on Zoom.  Contact me, please. CE.045000

  6. SNWA Tree Class will be offered by CAI on 11/29/2023 at 1:00 p.m.  2 Hours General Credits CE.0473000 - Register with me or CAI

  7. When you sign up for a class, please include your license number.  Below is what the provider has to do for each person when they don’t send their license number.  It is very time consuming.  See the green at the left hand at the bottom. The codes can be tricky and time consuming too for looking up each manager.

       NRED License Lookup Page

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Held Highest National CAM Designation (1993-2018)

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

www.HOASupport.com

Date: 090523 ... SNWA and Local Water Authority Updates                                                                     

1. Leak Detection Critical for Saving Water.

2. Ramping down watering days when it is still hot.

3. SNWA Water Conservation Toolkit

Ultimately, why we're so concerned about the status of our water supply!

 August 2023 

Date: 081523 ... Classes on Zoom, in person  and information                                                                  

  1. Please find attached two classes from Silver State Fair Housing on Fair Housing and problems we create.  They are in person and in both Reno and Las Vegas.  They are attached and have credits. You sign up with who is shown on the flier attached. ...  RENO   LAS VEGAS

  2. On 10-25-23 at 1:00 p.m.  – Ed Song and Mark Coolman will be teaching the Solar Installation and how it affects insurance class on Zoom at 1:00 CE.0485000  2 Hours. – Sign up with me.

  3. On 8-16-2023 there is a water class that is on ZoomYou sign up with me if you wish to attend.  It is 2 Hours and CE.0445000 Financial Workshop AB 356 Water & Turf.  You sign up with me, please. In the last class we learned that many trees are dying because people are not doing the turf conversions right.  The tree class will be taught again on October 11th in person at the Molasky Center this water and turn removal class will be taught again, in person, on 11-8 at 1:00 p.m.. You sign up with me for all of them.

  4. AB 398 is a serious insurance bill that no one is talking about and it is about D & O coverage for your boards.  The Insurance Commissioner and others are working on some wording to get it out there as it goes into effect on 10-1-23, but so far no one is talking about it.  Mark Coolman will be teaching a class to discuss it once it is finalized and I will let all of you know when it will be taught so that you can understand what you need to know as it has serious changes. As carriers are already limited in Nevada it will be critical. It will be done on Zoom. I have attached an RJ article about this bill. Since it is budget season, please take this into account.

  5. I am still collecting the aluminum can tabs for Ronald McDonald House.  If you need a jar to collect them in let me know as I can stop one by.  It helps people remember to save them. I give them a serious acknowledgement that they came from the HOA industry so that we get positive action vs. the negative we always get. I have attached a flier to put in your newsletter if necessary to help me get them.

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Held Highest National CAM Designation (1993-2018)

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

www.HOASupport.com

Date: 081423 ...   Liability concern gets law delayed.   Insurance effects worry businesses.                

By Sean Hemmersmeier
Las Vegas Review-Journal

A new law that was scheduled to take effect in October could increase the cost of insurance and limit the number of plans available, the business community warned regulators at a workshop on Thursday.

.... Read More

 July 2023 

Date: 070123 ... Resolve to Save Water for 2023                                                                                          

 June 2023 

Date: 060923 ... Upcoming Classes                                                                                                                    

  • The next pre-licensing schedule for Key Realty Schools is attached. Starts in August.

  • Please find attached a notice of a class that everyone who is a Supervisory CAM or a new Provisional should take to make sure you follow the rules and do a good job. 7-20-23 1:00 p.m. See Notice.

  • Just a reminder of the class on 6-16-2023 at 1:00, p.m.   There has been talk of making it mandatory to have an approved ethics part of the 18 hours of CE credits.  This class is important and is almost full. Sign up with Lara. 

  • If you are not getting the attached notices from the Southern Nevada Water Authority, I have attached their last notice that they want to go out to all of your HOA members. Let me know if you want the contact.

  • Silver State Fair Housing has a class as well.  July 25th at the Culinary Academy in NLV from 9:00 -Noon.  See attached flier.

 May 2023 

Date: 050523 ... Upcoming Classes for May and June                                                                                  

Please note that classes are becoming not as often as in the past.   I have shown the classes of which I am aware and/ or am responsible for in the near future.

 

Board Training:

  • I have a 2 hour basis Board Training on Zoom that will start at 1:00 a.m. on 5-10/2023. Sign up with me.

  • I have a 2 hour Architectural Class for Board Members on 5-19-2023 at 1:00 p.m. Taught by Ed Song, Esq.  on Zoom – Sign up with me.  

 

Manager Training (Board members can attend as well if they wish) :

  • 5-11-2023 CAI – Atlantis Hotel – 9:00 a.m.  – CE.0128000 Gen. - Budgets and Reserve in the CIC – 3 hours.  Contact CAI to sign up at the shown link.  Gary Lein, CPA will be going over some major changes in this are at this class.  https://cvent.me/ndN9EO

  • 5-17-2023  10:00 a.m.  Zoom - 1 Hour – CE.0498000 Value of Getting Educated about Asphalt – Sign up with Sara at this e-mail address. Make sure to include your license number, please.

  • 6-16-2023  - Zoom – CAS class -  Zoom - Community Managers and Ethics in the CIC Industry – CE.0447000 1:00 p.m.  3 Hour Class – Sign up with Lara at this link: https://myemail.constantcontact.com/Are-you-ethical-.html?soid=1134781727224&aid=ELh4Zea1Pi0

 

To see more classes, you can go to the NRED site to get more information on them, but these are the ones of which I am involved.

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Held Highest National CAM Designation (1993-2018)

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

www.HOASupport.com

 April 2023 

Date: 041023 ... Resolve to Save Water for 2023                                                                                          

 March 2023 

Date: 032223 ... New class on 3-31-2023 at Noon on Zoom!                                                                       

Sorry for the short notice, but I have an Architectural Committee class on 3-31-2023 at Noon – 1:30 or 2:00 at the latest.  If you wish to be part, please let me know and pass it on to people who may not be on my blasts as this is a really good class for directors and the ARC Committee members.   Ed Song, Esq. will be teaching it.

 

It is on Zoom, so let me know and I will send you the link and the handouts. 

 

 

Sara E. Barry CAM

Licensed Insurance Producer

UNLV Certified Paralegal & Legal Secretary

Community Association Solutions 

Henderson, NV 89053

702-249-0944

seblv@hoasupport.info

www.HOASupport.com

 February 2023 

 ... Resolve to Save Water for 2023                                                                                                                    

 January 2023 

 

Date: 011223 ... Resolve to Save Water for 2023                                                                                             

PDF - Resolve to save water for 2023.

Date: 010623 ... Important information for 2023                                                                                           

  1. I thought I should tell you about my plans for 2023.  I will no longer be teaching the pre-licensing classes for Key Realty Schools.  It will be facilitated by Lara Knipmeyer-Garrell  for Key Realty Schools and the next sessions’ flier for February classes is attached if you want to sign someone up and save $50 on the classes ASAP before it changes.  I will still be offering CE classes.

  2. CAMEO is hosting my new 1 hour law class on 1-25-2023 at 11:00 a.m.   Because managers keep contacting me and asking me why it is in some of the documents mention these laws and the applicability of these laws, Ed Song, Esq. has agreed to teach my class.  It is on Zoom CAMEO is taking the reservations and the flier is attached. CE.0493000 1 Hr. Nevada Law  NRS 117, NRS 81, NRS 82 and the applicability’s to CIC’s.  It has not been taught before.

  3. The 2hour board training class set for 1-12-2023 will still be held at 5:00 p.m. on Zoom.  It is almost full so that if you have new directors who want to take this, please let me know so I can send the materials and the links. I am doing several in person, but this one is on Zoom.

  4. Don’t forget to check for unclaimed property for your Associaiton’s and the new interest rates that the States change every 1-1 and 7-1.

  5. Don’t forget the new bill that passed that limits the number of Provisionals that a Supervisory CAM can now supervise as it is changed to 5 as the maximum.  As soon as I hear the effective date I will let you know, as there were major changes in this bill.  I believe that the law firms will be getting a class out there soon to spread the word as it made changes to reserve providers and their license as well.

Sara E. Barry Nevada CAM 059

Licensed Insurance Producer
UNLV Certified Paralegal & Legal Secretary
Community Association Solutions 
Henderson, NV 89052
Cell: 702-249-0944
Email: seblv@hoasupport.info

Website: www.HOASupport.com

     HAPPY NEW YEAR!     

 December 2022 

Date: 120622 ... Here is the link for Friday's Companion Animal Class at 10:00 a.m. on Zoom         

This is a really good class as everyone has issues at times with people playing games to get around the “systems”.  Greg does a good job teaching this class to help you help your boards better. 

 

Please let me know if you can’t be there, but here is the link to attend the class.

 

Topic: Companion & Emotional Support Animals - CE.0398000 Law – 2 Hours

Time: Dec 9, 2022 10:00 AM Pacific Time (US and Canada)

 

Join Zoom Meeting

https://us02web.zoom.us/j/82664274399?pwd=Y1puN1BaTUZVbmR3SVdndTZBb00zdz09

 

Meeting ID: 826 6427 4399

Passcode: 883794

Handouts ... Companion Animals 3x4, Emotional Support Proof, Assistance Animal Chart, ADA Questions Answered, Cat & Emotional Support, Definition of Dangerous Dog, Student Evaluation

Sara E. Barry Nevada CAM 059

Licensed Insurance Producer
UNLV Certified Paralegal & Legal Secretary
Community Association Solutions 
Henderson, NV 89052
Cell: 702-249-0944
Email: seblv@hoasupport.info

Website: www.HOASupport.com

Date: 120522 ... Classes and a serious comment.                                                                                           

For some reason, the NRED didn’t put this class up on their board.  I have brought it to their attention, but it was properly noticed and will be held.  After teaching the Fair Housing class I immediately had 20 people sign up for this class because it is critical with all of the animal issues out there.   Let me know if you will attend. It is free.

 

       Topic: Companion & Emotional Support Animals - CE.0398000 Law – 2 Hours

       Time: Dec 9, 2022, 10:00 AM Pacific Time

 

I will be doing a 2-hour board training on Zoom on January 12th at 5:00 p.m.  for those of you who have boards who need the education. Please let me know with the e-mail addresses so I can send the handouts and link, please.  If you have directors who want it in the daytime, I can do another one as well later. It is free and anyone can attend.

 

There were 75 people signed up for a class the other day and only 39 showed up on Zoom. We've said this so many times, yet people seem to ignore the issue. It is only courteous to let the instructor know when you can’t attend, please, please, please. It also reflects on the professionalism of the individuals who consistently do this. 

 

Sara E. Barry Nevada CAM 059

Licensed Insurance Producer
UNLV Certified Paralegal & Legal Secretary
Community Association Solutions 
Henderson, NV 89052
Cell: 702-249-0944
Email: seblv@hoasupport.info

Website: www.HOASupport.com

Site Updated Regularly.
Updates are ongoing.

Advertise on this page in slide show above or in select other locations on our site. (Views are of drought-stricken Nevada)

Watch for Sara's Blasts!

 

2023 was a legislative year In Nevada & there was a lot of legislation passed that affects Common Interest Communities (CICs) and as you know, much of it isn't necessarily friendly to CIC Owners. Continue to monitor Sara's blasts for information on the latest updates. Email: 

seblv@aol.com

to sign up.

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