Violations of the Association's Governing Documents
Must an association’s schedule of fines list out each potential violation and a corresponding fine amount?
If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered, or sent prepaid by U.S. mail to the designated address of each unit, a schedule of the fines that may be imposed for those violations. It is not sufficient for the association to list generally “all violations” as a sole and single category and then prescribe one fine amount for all possible violations. Instead, the schedule must list out categories of fines for each potential type of violation and prescribe a corresponding fine amount. The amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents.
Can the association charge a fine exceeding $1,000 for a violation of the governing documents?
NRS 116.31031(1)(b)(2);NRS 116.31031(7)
The amount of a fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. The $1,000 cap is on the amount that can be charged for violations cited at one hearing. Once violations become continuing, however, meaning that they have not been cured within at least 14 days, there is no cap on the fine amount. Thereafter, the executive board may impose an additional fine for each 7-day period or portion thereof that the violation is not cured.
If a violation has been cured but occurs again, the board cannot call the violation a continuing violation because it was in fact already cured.
Can I, as a unit owner, ask to see who else has been receiving violation notices in my community?
The executive board of an association shall maintain and allow a unit owner to review, upon written request, a general record concerning each violation of the governing documents, other than a violation involving failure to pay an assessment. The general record must contain a general description of the nature of the violation and the type of sanction imposed. If the sanction imposed was a fine or construction penalty, the general record must specify the amount. This record must not contain the name or address of the person against whom the sanction was imposed or any other personal information which may be used to identify the person or location of the unit associated with the violation.
Can I, as a board member, enter a unit that is not my own in order to cure a violation?
If a unit is “vacant” and the association has provided the unit’s owner with notice of the hazardous violation, an opportunity for a hearing, and a notice of the intent to maintain the EXTERIOR of the unit or abate the public nuisance, the association may enter the GROUNDS of the unit to abate the hazard.
A unit is “vacant” if it reasonably appears to be unoccupied, the owner has failed to maintain the exterior to the standards set forth in the governing documents of the association, and the owner has failed to pay assessments for more than 60 days.
With regards to a condominium or townhouse that is “vacant” and requires abatement of a hazard, the INTERIOR of the unit may ONLY be entered to abate a water or sewage leak and remove any water or sewage that is causing damage or may cause damage to the common elements or another unit. After providing notice to the owner, but prior to a hearing, if the owner fails or refuses to remediate water or mold damage, the association may remove furniture, fixtures, components and appliances reasonably necessary to protect the health or safety of residents, and the use and enjoyment of nearby units.