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We received an email from the homeowners association (HOA) management company informing us that we were fined 0 and would continue to be fined 0 every seven days until we corrected a violation. The violation was related to satellite dishes that were installed without approval. However, there are important facts to consider:

1. The satellite dishes were installed in 2009 with verbal permission from the association.
2. In February 2018, the association passed a resolution requiring written permission for satellite dish installations, nine years later.
3. At the time of the resolution, the management company assured us that it didn’t apply to us.
4. Suddenly, in March of this year, we received a compliance letter, followed by a notice to appear for a hearing in June. To avoid further escalation, we removed the dishes from our patio on June 17.
5. On July 24, we received a fine of 0, along with a threat of an additional 0 monthly fine if the violation wasn’t corrected. However, the notice of the fine included a picture of the balcony with the dishes clearly removed.

Unfortunately, the management company has not been responsive to our requests for clarification, leaving us feeling harassed and extorted. As a result, we are seeking help to resolve this situation.

Our recommendation is to send a certified letter to the board and the management company summarizing the timeline and attaching a copy of the latest violation letter with the photograph clearly showing the removal of the satellite dishes. In the letter, clearly state that their information is incorrect and request the removal of the 0 fine from your account. Additionally, express your expectation of a formal response.

It may also be worth mentioning that if the issue remains unresolved, you are prepared to file a formal complaint with the ombudsman.

It’s important to note that individual board members should not be sending out violation letters to homeowners without proper board consensus. If your community doesn’t have a management company to handle this task, the board should establish a policy that requires agreement from at least two board members before sending any violation notices. Consider involving a third-party inspector to avoid conflicts of interest.

In cases where the new management company is not effectively addressing violations, it can be frustrating. However, unless legislative changes occur, HOAs can generally only institute foreclosure actions for nonpayment when a health, safety, or welfare violation poses an imminent threat to residents. Therefore, consult with legal counsel regarding potential options to address non-compliance issues, such as towing vehicles if allowed by your rules and regulations or using Nevada Revised Statutes 116.310312, which permits the board to maintain the exterior of a unit under certain circumstances and charge homeowners accordingly.

It’s essential to address these issues promptly to maintain a harmonious living environment within your community.

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