Q: I recently read your article about towing in Las Vegas. I believe you can be a good resource so I have some towing questions for you.
I recently had my vehicle towed for a move without 48 hour notice. I deal with some of the most unethical and unprofessional people I have ever seen and this is out of control. This has nothing to do with money as I didn’t pay for the tow move. It’s more of a matter of principle and I want to put these companies in the spotlight for unethical practices, withholding information and just plain lying. The numerous complaints and 1 star Google reviews are just too many to count.
A: The Nevada Transportation Authority regulates towing companies. I suggest you contact them with your concerns about towing companies and their unethical practices. They can be reached at 702-486-3303. They are located at 3300 W. Sahara Ave., Suite 200. You will need specific documentation to support your claims of unethical practices.
Q: I have three questions…
1. I purchased my unit in 2020 and upon reading the meeting minutes found that there had been a litigation in my previous unit with the association and the unit below. Structural damage had occurred to the building and the unit below, which was resolved through a settlement agreement prior to my purchase. In the agreement, the three parties to the lawsuit each paid $5,000 to repair the structural damage to the building. When I inquired about the lawsuit with the Homeowners Association, among other questions, I received a response from the seller that did not mention that my unit needed additional work, which again was noted as structural damage. The original reply from the association’s attorney indicated that there was work to be done but instead of sending it to me directly they let the seller reply and he in turn deleted it. I realize I can’t go back and sue the original owner, but now I’m being asked to add additional support in the form of foundations under the building’s crawl space. I am responsible. If a sale transaction takes place in the building, is it the responsibility of the seller to respond or the HOA board/management company?
2. How many board members must respond to a community manager requesting approval to pay bills from the operational account?
3. Does NRS 116 require the HOA to take out insurance on the building that covers a guaranteed replacement for the unit owners, or only insurance that covers up to the walls and the unit owner is responsible for interior finishes?
I realize this is a lot, but I am now on the board of this building and am struggling to find the right answers, even with the community manager, so your help is greatly appreciated.
A: With your first question, you should contact a real estate attorney immediately. From the information you provided, it is apparent that prior to the expiration of the escrow, you were not provided with a full disclosure of the condition of the unit, litigation, and structural repairs. You may still have recourse against the seller as provided below, Nevada Revised Statute 113.150.
The attorney may review the association’s prior lawsuits and settlements, as well as its agreements, terms and limitations, to determine if you also have recourse against the association.
NRS 113.150 Remedies for Late Disclosure or Non-Disclosure by Seller of Material Defects; waiver.
4. Except as provided in subsection 5, when a seller transfers residential property to a buyer without complying with the requirements of NRS 113.130 or otherwise notifying the buyer or buyer’s agent in writing of any defects in the seller’s property is known and there is a defect in the property of which the seller was aware before the property was handed over to the buyer and the repair or replacement costs of which were not limited by provisions in the purchase contract, the buyer is entitled to demand from the seller three times the amount necessary to repair or replace the defective portion of the property, together with court costs and reasonable attorneys’ fees. Any action to enforce the provisions of this subsection must be commenced no later than 1 year after Buyer discovered or reasonably should have discovered the defect, or 2 years after delivery of the property to Buyer, whichever is later.
Regarding your second question, two board members should approve invoices for payment.
Finally to your third question. According to NRS 116.3113, in the case of a building containing units separated by horizontal boundaries described in the declaration or vertical boundaries comprising common walls between units, insurance under Section 1a of the Act (Property Insurance) the reasonably available scope must include the units, but need not include upgrades and improvements installed by the owners of the units.
Your attorney would need to review your CC&Rs and the association’s insurance policy (with the assistance of a knowledgeable insurance agent who deals with such matters) to determine the association’s policy responsibilities in relation to your entity.
Barbara Holland is an author and lecturer in real estate management. Questions can be sent to [email protected]