Homeowner deals with roof rats in trees, HOA on the ground

Q: My wife and I live in a homeowners association duplex community. We now have roof rats in our crawl space. I’m sure we are liable to have the exterminator get rid of them. My question is: Who pays to have the holes closed? So far, the HOA doesn’t want to do anything. I have two pine trees, two mesquite trees and three other trees draping over my unit, which are often not trimmed.

A: This is not an easy question to answer as I do not have any copy of this association’s governing documents. If the trees belong to you, he would need to trim them. If not, the association should take responsibility to trim the trees, as these “roof rats” generally have access to the buildings from the tree branches. As to the crawl space and closing up the holes (abatement), if the crawl space is specific to the your unit, as opposed to the crawl space being shared by the duplex units, then it could be the homeowner’s responsibility. You would need to review your covenants, conditions and restrictions to determine if the crawl space is considered limited common element.

Q: Is there a statute that limits the amount monthly association dues can be increased in a fiscal year by the HOA board of directors without a vote by the homeowners?

A: Nevada Revised Statute 116 does not dictate the assessment amount, nor does it dictate the limit that assessments can be increased by an association without homeowner vote. You would have to review your governing documents as to the increase that a board can make without homeowner approval. What the law requires is that there is a budget ratification meeting by the homeowners.