September 2022 

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Date: 091622 ... Water Issue and Classes                                                                                                      

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1. Do you really look at your water bills and compare them to last year's bill for the same period? Unfortunately, I do and this last month we were charged for 55,000 gallons where we only used less than 8,000 last year at this same time last year and we were out of town for 3 week this bill current billing cycle so …….  I contacted them and they admitted to making a reading error.  All readings are done online and someone sure made a big typo.  If I hadn’t contacted them We would been paying almost 7 times what our bill was.  Please look at the association and your personal bills and compare to last year.

2. The Solar class is being offered by CAMEO tomorrow 9-22-23 and will be taught live in LV at 9:00 a.m. at  FirstService Residential – It is 2 hours general credits and has never been taught before.  Mark Coolman and Ed Song Esq are the instructors and both of them have seen many issues with the solar installation issues in HOA’s.  Contact Mary at CAMEO info@cameo-nv.org,  or me, but do it as soon as possible so we have you down and enough copies of the handouts.

3. On 10-25-2022, CAI will be hosting the Southern Nevada Water Authority 2 classes that is so important to save water and our trees.  There are 30 registered so far and you don’t want the class to be full when you register.  Here is the link to register with Chris Snow CAI.  Her e-mail address is info@cainevada.org if you have any trouble signing up. (https://cvent.me/BxXdo1) Overview Water Class #1 is from 9:00 – 11:00 and Class 2 (trees) is from Noon – 2:00 p.m. One fee for the two classes or only attend one at Desert Shores HOA.

4. CAMEO is hosting another class, but on Zoom this time on 10-26-2022 at 9:00 a.m. and is Discriminatory Restrictions and Prohibitions taught by Greg Kerr, Esq.   It is 2 hours of Nevada law.  Sign up with me.

5. Remember the CE credit classes tucked away in the pre-licensing classes going on with Zoom right now.  I have attached the schedule so you can see what classes are being taught.  There is a $20 fee that is paid to Key Realty Schools for each class.  (702-313-7000) They start next Wednesday 10-28-23 at 5:00 p.m. with NAC 116 and NAC 116A and have 3 hours of law credits each.  You must let me know if you sign up as I have additional handouts as well to send you vs. what they will give you on their student portal.  Link to Schedule

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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

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Date: 091622 ... Couple of Important Things                                                                                               

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1. I will be sending out the information the new students need for the pre-licensing classes on Friday and want anyone who is just delaying signing someone up to know so the student doesn’t miss out.

2. The City of Henderson has again asked me to share this flier to anyone who wishes to attend the Southern Nevada Water Authorities water classes as it is critical that homeowners and board members know the differences that they can make in our critical condition.   It has the address and date on their flier.  9-28-22 9:00 – Noon ... We see so many trees dying because people are not doing it right, including the landscapers.

3. There is a new solar class that is being taught by Ed Song, Esq. and Mark Coolman on 9-22-2022 at FirstService Residential.  It will cover the laws and the insurance issues with solar panels.  It is at 9:00 a.m. and 2-hour general credit class.   Here is he link to sign up. If for some reason it doesn’t work, contact Mary at info@cameo-nv.org.     https://events.r20.constantcontact.com/register/eventReg?oeidk=a07ejciw8hu6be672cf&oseq=&c=&ch=

4. CAI will be offering a new class in October on Cyber Liability taught by Ron Wright.  I will let you know for sure when more information about it is available. It is a good class to sit in on to ensure you are covered and doing things right..

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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: 090722 ... Classes and Links                                                                                                                   

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1. The first flier is for homeowners and 3 dates of classes being put on by the SNW authority, but at the City of Henderson office – No manager credits.  We really need to get the word out more to everyone, please! … share with all of your owners. No RSVP is needed.
   SNWA Flier 
    

2. A new Solar class is being offered by CAMEO on 9-22-22 9:00 a.m. – 11:00 a.m. and being taught by Ed Song, Esq. and Mark Coolman in person and will cover the laws and the insurance aspect.  It has not been taught before and the link and info is shown below.

https://events.r20.constantcontact.com/register/eventReg?oeidk=a07ejciw8hu6be672cf&oseq=&c=&ch=

Event Brochure

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  3. CAI is hosting two classes on the following dates:

10-25-22 - 9am to 11am: Financial Workshop - AB356 Water & Turf 2-hour CE.0445000 (Break for sign in and out)

10-25-22 - Noon to 2pm: TREE CARE DURING TURF CONVERSIONS WORKSHOP” CE.0473000-CAM

To be held at:  Desert Shores Community Association - 2500 Regatta Drive

Here is the link to register.   https://cvent.me/BxXdo1

4. Two fliers attached on the Commission meeting on 9-13 – Please get active with your boards

and homeowners - The Commission on Common Interest Communities and Condominium Hotels (“Commission”) will consider new regulations regarding Health, Safety or Welfare (“HSW”) violations at an upcoming workshop on September 13, 2022, at 9:00am.  The new regulations impose strict limitations on what can be considered a HSW violation and also cap HSW violation fines at $5,000.   Please note that currently there is no monetary limit on the amount of a HSW violation fine, but the fine must be commensurate with the severity of the violation and consistent with the association’s governing documents.  Notice of Workshop   LCB File R129-21

It is important that you review the proposed regulations and plan to either testify at the upcoming workshop or submit your comments to the Commission.  This should be done even if you previously provided comments when the regulations were first proposed.

LKG urges you to consider your community and how these regulations would affect your Board’s ability to maintain property values, ensure the quiet enjoyment of your residents, and maintain a reasonable level of civility toward the Board, your community manager and other contractors, and among residents. We also urge the Board to consider whether these regulations indeed clarify for you what constitutes a HSW violation or further confuses the issue.

A copy of the proposed regulations is attached.  However, for your convenience, certain key sections are reprinted in blue text below. Please pay particular attention to the yellow highlighted phrases and consider their impact. 

Section 2 attempts to define what can be considered a HSW violation. First and foremost, please note that damage to property, no matter how precious or valuable, can never rise to the level of a HSW violation. Keep in mind that the maximum fine for a non-HSW violation is $100.  Considering other sanction options, many of your CC&RS limit the amount of time the Board can suspend membership privileges to 30-60 days, on average, assuming the Association has amenities where suspending privileges would constitute a “sanction.”
 

2. A violation of a provision of the governing documents of an association poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community if the violation, without limitation:

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(a) Involves a lack of care or neglect which directly and immediately places one or more units’ owners, residents or invitees within the common-interest community in danger or direct threat of being harmed; or

(b) Is an intentional act which has the potential of causing immediate bodily harm to one or more units’ owners, residents or invitees within the common-interest community.

Under these proposed regulations, if a resident’s dog mauls and severely injures another resident’s dog, it is not a HSW violation. If an owner, in a drunken rage, takes a rock and beats on the body of two vehicles parked on the common element parking spaces causing thousands of dollars in damage, it is not a HSW violation.

Under these proposed regulations, intentional acts must have the potential of causing immediate bodily harm.  In other words, if a resident yells racial slurs or hangs a noose from a tree in his neighbor’s front yard or torments a fellow resident for having a developmental disability, it can never be a HSW violation because there is no “bodily” harm.  These same actions can, however, be a Fair Housing Act violation, for which the Association can be held responsible if it does not take those enforcement actions authorized under its governing documents.

Section 3 focuses on what is NOT a HSW violation.

3. A violation of a provision of the governing documents of an association does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community if the violation consists solely of:
 

(a) Using vulgar, profane or abusive language.

(b) Voicing opposition to, or support for, any matter affecting the common-interest community; or
 

(c) Any act committed by a unit’s owner, tenant or invitee of a unit’s owner or tenant which is:
 

(1) Permitted by this chapter or chapter 116 of NRS or any other applicable federal, state or local law, regulation or ordinance; or
 

(2) Considered to be a nuisance pursuant to a provision of the governing documents of the association.

Under the proposed regulation, profane or abusive language – no matter how foul and no matter how often repeated – can never rise to a HSW violation. Further, no conduct described in a nuisance provision of your governing documents can ever be a HSW violation.  Read your CC&Rs.  Most HSW violations are, in fact, addressed through the nuisance provision of your CC&Rs. Although this appears benign, it is not. For example, if a resident ignites fireworks during a period of high fire danger in violation of the nuisance provision, that is not a HSW violation. If a resident allows the condition of their unit to deteriorate to an extreme degree by allowing excessive weeds and plant materials to accumulate posing a fire danger or allowing trash, debris and other refuse to accumulate so as to attract vermin, both in violation of the CC&R nuisance provision, that is not a HSW violation.

It is our understanding from discussions with the Ombudsman that this is the version which NRED wants the Commission to adopt.  Without your participation by testifying at the workshop or submitting written comments prior to the workshop, this version will likely be adopted.

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

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