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VeronicaJ (Nevada)
Posts: 4
Posted:
I live in Las Vegas NV, I am having major problems. I have never lived in a HOA before. Does the HOA leave a correction notice or the city. I have had 2 notices from the city and not the HOA. I also had animal control come and tell me that my dog was not cared for(no food or water) she is the most spoiled dog in the world! If you can tell me the how things like this work that would be great!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Veronica,

What were you noticed by the City for? In the HOA living scenerio, there is a heirarchy of laws to abide by. The City does have precedence over your HOA rules and Bylaws so whatever your infraction was, it must have been beyond what the HOA enforces.

As for your dog, that also is the city to enforce. The HOA can restrict some owner and animal behaviors like no barking or without a leash but no food and water (alleged), that is city.
VeronicaJ (Nevada)
Posts: 4
Posted:
It was for a dryer on the side of the house in the back yard under a tarp, my mop bucket by the door in the back to dry out in the sun and the wood we have a permit for to build a deck and a dog house.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Unless the LV authorities have an awful lot of time on their hands, I'd guess you have a disgruntled neighbor dropping the dimes. Try contacting your HOA Board or Property Manager to see if they have any complaints on record about you, and what, if anything, they've done about them.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I tend to agree with John.

In Kentucky, ANY appliance outside is a violation of Metro Codes. If reported to the Code Enforcement Office, then they will send and inspector by from the Inspections, Permits and Licenses (IPL) office. Once on site, the IPL officer WILL inspect for other violations as well and cite for those.

We have found that things like that (appliances outside) aren't really against our HOA restrictions per se, so any resident complaint along those lines we would simply forward to the Metro IPL office for inspection and enforcement.

Once they get you on their list, they periodically stop by for random "inspections."

One other thing, our Metro Code Enforcement fines are much stricter than our HOA's (we don't have fines currently). In addition, Metro Code guys can take people to court, too, so . . . you might want to contact the City and talk to someone to see what you can do to resolve the issues.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Veronica,
Well, what did you learn from this? The dryer would be a city ordinance violation. The mop, bucket and wood pile I would think were the HOA covenants so you need to not put appliances in the yard, tarp or no tarp. Now I would argue with the HOA about the mop bucket. That's getting a little nit picky. How long has the wood for the deck been in the yard? You must have some architectural committee or guidelines that want everything according to guidelines which will protect the beauty and intergrity of your community. Living in a HOA can be a hassle if you do not know what your guidelines and rules are but they are there to protect the value of your developement.
KirkW1 (Texas)
Posts: 1,665
Posted:
In theory the HOA and City ordinance are completely independent. If they cover the same thing, then each has full authority to enforce its rules.

Now having said that, at least in some cases HOAs and city code enforcement work together quite a bit. Our HOA regularly passes information to the city. And the city regularly passes information to the HOA.

For instance, when we had someone putting up an unauthorized change our people called and talked to the city who then sent out an inspector to stop work until a permit was obtained. On the same note, the city regularly tells us when people in our neighborhood apply for a building permit.

The same kind of work goes with code enforcement. We work together to keep the city as nice as possible.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Veronica,

I think you not only have to read up on your HOA covenants, but also the city code ordinances. I can't say whether you received violation notices from the City or the HOA, but, IMO, whomever sent the notice should be stated therein. I would suggest calling the city or a member of the board (or prop. mgr if you have one), but first take a second look at the notice to try and determine where it came from. Oftentimes there are violations of the covenants that are also violations of city code and the HOA board may choose to let the city be the "heavy", so to speak.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Veronica,

I'm sorry. After I posted my msg I realized you did state the notice came from the city. This means it was a city code violation. The city does not issue violations notices for the HOA, but the HOA may ask them to handle a violation that is also a city code violation. But, if the violation was issued by the city then you must work with them in curing it.
VeronicaJ (Nevada)
Posts: 4
Posted:
Thank you for all your help, I called the head of my HOA and she said it had nothing to do with them she said we are only concerned with the front of the house(it is well kept) and so I called code inforcement. He told me he can't tell me who called the city, he said he had no problem at all and closed the complaint and then told me if another complaint comes in that I can file a harassment lawsuit. He did however tell me that it is someone who lives behind me. I guess it is also a bonus that the city officer has been a good friend to us for many years, he owned one of the houses I lived in before. I still don't know what I did to this person, I don't even know anyone here.
VeronicaJ (Nevada)
Posts: 4
Posted:
Also my HOA does not really enforce a whole lot, 2 houses across the street still have Christmas lights up from last year, the yard down the street has weeds as tall as me. None of these things bother me at all and I have not seen any notices from the HOA or the city.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By VeronicaJ on 10/31/2008 8:30 AM
Thank you for all your help, I called the head of my HOA and she said it had nothing to do with them she said we are only concerned with the front of the house(it is well kept) and so I called code inforcement. He told me he can't tell me who called the city, he said he had no problem at all and closed the complaint and then told me if another complaint comes in that I can file a harassment lawsuit. He did however tell me that it is someone who lives behind me. I guess it is also a bonus that the city officer has been a good friend to us for many years, he owned one of the houses I lived in before. I still don't know what I did to this person, I don't even know anyone here.

I think the enforcement officer better be very careful about his "relationships" with you.

How can he give you those details regarding who called if the reporting process is anonymous, as he seems to have implied by his comment that the can't tell you who called the city?

Whether this person "has a problem" with you or not, if you are in violation of a city code (and an appliance outside would seem to fall into that category, regardless of the reasons for it being there), then you are in violation and need to correct it.

Now the mop thing, the enforcement officer has the complete discretion to determine if that is a legitimate issue or not.

If he reviews it and it is not, then you shouldn't get a violation notice of fine, but if it is, he should make you fix it. He shouldn't be giving you a pass because of a past relationship.

One other thing: do your restrictions give time limits for christmas decorations? I know some HOAs do, but ours do not, so even if we don't like it, we really can't send a notice over it.

Weeds is a different animal, and we would send a reminder to maintain the lawn.

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