How long is too long?

Please quote verbatim what your CCRs and/or Bylaws say about suspending an owner's use of common areas and/or amenities.

Is this a condominium?

Not condos, single family homes.

Right to Restrict Access. The Board shall have the right to restrict access to and
use of Common Elements and any Improvements or personal property located thereon, for
.purposes of performing any obligation or authorized act of the Association set forth in this
Declaration or for purposes of exercising any right of the Association set forth in this
Declaration. Any such restrictions shall be reasonable in scope and duration. No such
restrictions shall restrict the rights of an Owner or Resident to ingress to and egress form his Lot.

Damage by Member. To the extent permitted by Nevada law, each Member
shall be liable to the Association for any damage to the Common Elements not fully reimbursed
to the Association by insurance if the damage is sustained because of the negligence, willful
misconduct or unauthorized or improper installation or maintenance of any Improvement by the
Mmnhe.r,R~~iQerttqrpTllesr,})r anxptber~~~ons d~vi~1htir rigQt enjoyment of the Common Elements from the Member, or his or their respective Family and
Guests, both minor and adult. However, the Association, acting through the Board, reserves the
right to determine whether any claim shall be made upon the insurance maintained by the

Association, and the Association further reserves the right, after Notice and Hearing as provided
in the Bylaws, to levy a Special Assessment against such Members equal to the increase, if any,
in insurance premiums directly attributable to the damage caused by the Member or the Person
-for whom the Member may be liable as described above. In the case of joint Ownership of a Lot,
the liability of the Owners shall be joint and several, except to the extent that the Association
shall have previously contracted in writing with the joint Owners to the contrary. After Notice
and Hearing as provided in the Bylaws, the cost of correcting the damage to the extent not
reimbursed to the Association against such Member's Lot, and may be enforced as provided
herein.

Same individual and same misconduct you've mentioned several times over the past couple of years, yes, LetA? Had the Owner EVER had privileges withheld for actual rule violations, e.g., littering in the pool area, which you noted previously?

Have you ever called the owner to hearings and fined them? In this case, for instance, for replacing the spa part?

More observations:

From the Nevada Common Interest yada statute:

If damage is inflicted on the common elements or on any unit through which access is taken, the unit’s owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.

NRS 116.31184  Threats, harassment and other conduct prohibited; penalty.

1.  A community manager, an agent or employee of the community manager, a member of the executive board, an officer, employee or agent of an association, a unit’s owner or a guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person who is the community manager of his or her common-interest community or an agent or employee of that community manager, a member of the executive board of his or her association, an officer, employee or agent of his or her association, another unit’s owner in his or her common-interest community or a guest or tenant of a unit’s owner in his or her common-interest community which:

(a) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or

(b) Creates a hostile environment for that person.

2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.


If the governing docs allow suspension of use of the common areas on account of violations of the covenants and reasonable, board-created rules derived from the covenants, then for the pool damage and violations of pool rules (which I assume were captured on video), I think six months is the appropriate amount of time here. Because your HOA really does not want drinking at the pool; people damaging equipment; and so on. It's a potential major liability to allow this behavior to continue. If the behavior repeats, the suspension should go higher, AFAIC, like to one year. The third time it happens, two year suspension.

LetA: Have your board ever fined the owners for the violations that you'v noted over the past couple of years? Or suspended privileges?

Enforcement of Restrictions and Obligations. The Association shall have the
right to enforce the obligations of any Owner or Resident under the Restrictions by assessing. a
reasonable penalty or fme against such Owner or Resident and/or suspending the right of such
Owner to vote at meetings of the Association, after Notice and Hearing as set forth in the
Restrictions; provided that suspension of any Owner's voting privilege may not be imposed for a
period longer th~ thirty (30) days for any non-continuing infraction, but in the case of a
continuing infraction (including nonpayment of any Assessment after the same becomes
delinquent), suspension of voting privileges may be imposed for so long as the violation
continues.
Any fine must be commensurate with the severity of the violation. Additionally, if the
violation does not threaten the health and welfare of the Project, the fine must not exceed one
hundred dollars ($100.00) for each violation or atotal amount of five hundred dollars ($500.00),
whichever is less. The Rules and Regulations may be enforced by the assessment of a fine only
if the Person alleged to have violated the Rules and Regulations has received notice of the
alleged violation that infonns him of his opportunity to request a hearing on the alleged
violation, and, at least thirty (30) days before the alleged violation, said Person was given written
notice of the rule or regulation (or any amendment to the rule or regulation) that the Person
allegedly violated. If a fine is imposed pursuant to this Subsection and the violation is not cured
within fourteen (14) days or such longer cure period as the Board establishes, the violation shall
be deemed a continuing violation and the board may thereafter impose an additional fme for the
violation for each seven (7) day period or portion thereof that the violation is not cured. Any
additional fme may be imposed without notice and an opportunity to be heard. The Secretary of
the Association shall prepare and cause to be hand-delivered or sent prepaid by United States
mail to the mailing address of each Lot or to any other mailing address designated in writing by
the Restrictions and other governing documents of the Association. The Association may not
for~9loseaJi~.p. fOTtbeass~~sqr~nt oJ a fiqe_Jora'viqlation of the Dec;hl1;:atiQTI.,j3vlaws" or RuJes_
and regulation unless the violation is of type that threatens the health, safety and welfare of
the residents of the project.

If any such penalty or fine imposed on an Owner or Resident by the Association is not
paid by said Owner or Resident within thirty (30) days after written notice of the imposition of
such penalty or fme, then the amount of such penalty or fine shall be assessed as a Special
Assessment charged to the Lot of said Owner or Resident and shall be enforceable and
collectible as a Special Assessment in accordance with Article 6; provided,however, that the
Association may not foreclose a lien for the assessment of a fme for a violation of this
Declaration, the Bylaws, or the Rules and Regulations, unless the violation is of a type that
threatens the health, safety, or welfare of the Residents of the Project.
No penalty or fine may be imposed until the Owner or Resident accused of such violation
has been afforded a Notice and Hearing, which shall inClude the right to be heard in person, by
submission of a written statement, or through a representative at a meeting of the Board, as is
more fully set forth in the Bylaws. Should the Board believe grounds may exist for any such
penalty or fme or for the suspension of an Owner's voting privileges or right to use the Common
Elements, the Board shall give notice as is more fully set forth in the Bylaws.
The Association, Declarant and any Owner may also take judicial action against any
Owner or Resident to enforce compliance with this Declaration, to enjoin non-compliance with
this Declaration or to obtain damages for non-compliance, all to the extent permitted at law or in
equity. Should any Resident violate any provision of this Declaration, such violation shall also
be considered and treated as a violation by the Owner of the Lot on which the Resident resides.
Likewise, should any Guest of any Owner or Resident violate any provision of this Declaration,
such violation shall also be considered and treated as a violation by the Resident and the Owner.

Over the years people have voiced their concerns about this individual and his behavior, honestly there has been no change. This is not the first time the switch cover to the emergency shutoff
has been ripped off the wall, and this is not the first time his drinking at the pool. This is a culmination of events that keep escalating. My feeling is we have a duty as a BOD to put the rest of the communities
safety and well being ahead of any one individual that threatens the community no matter how minuscule the action is.

So...why hasn't this jerk been called to hearing over and over and fined accordingly for breaking your rules against littering and damanging HOA property? Do you now have a board majority that will vote to ban him from the pool area? If not, why ask "how long" should you ban him is reasonable?