Community asks for guests to provide information

Q: We have questions and perhaps you can help. Three issues:

May the gate guard ask an invited guest entering a gated community to present evidence of current liability insurance?

May we refuse to allow guest’s vehicles onto the property if they cannot provide such proof of insurance?

May we refuse to allow the guest vehicle to enter if the driver cannot provide a valid driver’s license?

A: Many associations have a policy whereby the security service will not allow a guest or vendor vehicle enter into their communities without a valid driver’s license. Technically, those drivers are violating state law, and there is a good possibility that they don’t have current insurance on their vehicle. As to asking guests and vendors to show proof of current liability insurance, there is no Nevada Revised Statute 116 law that would prevent such a policy, but your association members may push back on such a policy as being too extreme.

Q: Thank you for your column each week; you always offer very helpful information.

My family and I are interested in having a home on a golf course (golf course frontage or green belt). With the recent problems of various courses being sold, closed and/or possibly built upon, and seeing some homeowners out there possibly losing their tranquil and beautiful scenic views, do you have any suggestions on what we should ask the Realtor or homeowners association in order to avoid something like this happening to us? For example, what are the chances of the golf course changing in the future and if there is an agreement where the golf course will never change. What document should I ask for that would include these clauses in writing?

Thanks in advance for your consideration, and have a great day.

A: There are a number of golf course associations that have specific covenants, conditions and restrictions that, in theory, prohibit the conversion of use, i.e., stating that the golf course land cannot be used for any other purpose. As part of your due diligence, you would need to see all of the governing documents and specifically the documents that pertain to the golf course. It may be very prudent to have legal counsel review them as there could be some loopholes.

You should check that the CC&Rs were, in fact, recorded with the county recorder’s office. In addition, you should be able to acquire a copy of the deed from the seller to see what it specifically states as it relates to the golf course.

There are no real guarantees, as there have been a number of cases where the current or new owner of the golf courses wanted to convert the land by building residential or commercial properties that resulted in costly legal battles for the associations.

In one of my communities, the association has gone through a number of golf course property owners. The experience has not been pleasant, as the new owner does not acknowledge the governing documents that created a specific relationship and obligation of the golf course to the homeowner association.

One final comment. You should investigate and obtain all of the information you can about the golf course and its ownership. You may be able to obtain information from the county recorder of its past and current financial history, i.e. any liens or lawsuits. Good luck in your search!

I read your article in the Las Vegas Review-Journal today regarding homeowners association assessments. Ironically, I received a letter from my HOA management company explaining that there needs to be a special assessment to address replenishing the reserve fund to complete remaining water system repairs and complete entrance beautification and tennis court improvement projects. They are requesting a special assessment of $6,000 from each homeowner to be charged in a schedule over 90 days: $2,000 March 1, $2,000 April 1 and $2,000 May 1, 2017.

I have no problem in paying the $6,000 if that is what it takes to complete the projects and replenish the reserve fund. However, what is my option to make these payments over 24 months? The reason I ask for 24 months is that in the letter it states that the improvements will be completed over the next 18 to 24 months. I have spoken to a few colleagues that also live in an HOA community, and every one of them stated that it is outrageous to pay $6,000 in a 90-day period. Love to hear you thoughts on this one! A: No one likes to hear that their association needs a special assessment, but, unfortunately, there are times when one is needed. As to paying $ 6,000 over a 90-day period of time, the association is really pushing the “envelope.” Not too many homeowners have an extra $ 6,000 sitting in their account. You have a couple of options. The first is to speak with the community manager about payment arrangements. If the manager does not have the authority to make payment arrangements, then the second option is to attend the next board meeting and address this issue during the homeowner forum section of the meeting. More realistic payment arrangements should be made by your board.