HOAs can’t cancel a tenant’s residency in Nevada | Barbara Holland | Business

Q: I have a tenant who rents a condo unit in a building with a concierge who receives all of the FedEx and UPS deliveries for the residents.

The USPS mail goes into a community mailbox but deliveries are received and signed for by the concierge who then alerts the tenant to come get their packages.

Unbeknown to us, the HOA has decided to “close” the concierge office on Wednesdays and Thursdays.

This means that packages arriving on Wednesdays or Thursdays will be stored in the concierge room upon delivery, but tenants will not be able to get those packages until Friday when the concierge is back on duty.

I was made aware of this change when I received a call from the HOA that they are planning on having the board of directors vote to have my tenant’s lease “canceled.” It seems he had an urgent package delivered. Unaware of this change of package protocol, he walked into the unlocked room (unlocked so deliveries can be made without a staff member present), and he took his package and only his package he was expecting.

The HOA rep said since we were required to have the tenant and his lease approved prior to move in, they can also cancel his residency for trespassing. I tried to explain that neither us or the tenant were aware of this change. Also, we pay very high HOA dues to cover the amenities for a Monday through Saturday concierge not a part-time concierge who is only there four days a week.

Can the HOA force us to evict our tenant for cause when the HOA literally caused the issue?

A: An association does not have a legal relationship or lease contract with a renter to evict a tenant. Only a landlord can initiate evictions. The association can pressure the property owner by issuing fines or penalties against the property owner because their tenant has violated some association rule, in an effort to force the owner to evict the tenant.

The association does not have the direct legal authority to cancel a tenant’s residency themselves. The association would need to file a lawsuit against the property owner.

Under NRS 116.335 (2), unless at the time a unit’s owner purchased their unit, the declaration required the unit owner to secure or obtain any approval from the association in order to rent or to lease his unit, the association may not require the unit owner to secure or obtain permission.

This law does not state any legal right for the association to revoke their consent or approval of the tenant’s lease agreement.

As a point of information, does the association have any sign that states only authorized personnel can enter the room? In addition, the association opens itself to liability issues by not having this room locked at all times when staff is not present.

Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.