Nevada State Senator Mike Schneider decided several years ago to address the countless issues related to homeowners associations. Knowing that he had faced the problems himself with investment properties situated within HOAs, Schneider became the voice of reason as it relates to the endless problems dealing with the governing bodies.
When Schneider was the guest of radio personality Ron Futrell recently on KDWN (720 AM), he addressed the issue of rolling shutters in Nevada. Considering that he has authored two bills about rolling shutters both of which were passed into law, the native of Nebraska certainly understands the purpose of the product used to lower power bills and protect residents against break-ins.
However, while the two laws are now official and should eliminate problems related to approvals from home owner associations, the conflicts continue as evidenced by the story of Jim and Wanda Jaranowski.
The Jaranowskis own a condominium at Elan in northwest Las Vegas. The couple sought to have the rolling shutters installed following the passage of SB216 during the 2009 Nevada legislature. The bill addressed the approval of rolling shutters on common interest communities, so the application process seemed like a slam-dunk.
However, the simple process turned into yet another conflict when the Jaranowskis were not only denied the right to have the rolling shutters installed by Nevada Rolling Shutters but also required by the home owners association to include a non-refundable $2,500 deposit with the application.
During questioning by Futrell, Schneider said the denial and the required deposit was ridiculous. However, it was what the veteran senator said next that should send chills down the back of every HOA in the country.
Futrell, a respected former television journalist, suggested that the required deposit might be a way for the home owner association to pad its bank account especially as dues decrease in the wake of foreclosures. However, while Schneider said he doubted the requirement to be true, he was certain about the next steps that will be taken.
Schneider, incensed over the denial and the requirement of a deposit, stated that he had already called for an opinion from the State of Nevada legal. He then said he would take the issue to the Attorney General’s office along with the Supreme Court, if necessary.
In other words, enough is enough. If the home owners association which has decided to deny the Jaranowski couple its right to have rolling shutters wants to continue playing games, Schneider is ready to take the issue right up the legal ladder.
The problem with so many home owners associations is that the bodies of power make decisions without respecting the issue and the laws passed. In this particular case, two laws have been passed in Nevada allowing the installation of the rolling shutters; however, some board members have failed to realize that a law is a law.
This particular issue is going to get very interesting especially as crime increases and power bills soar. Denying an application especially after laws have been enacted is not only silly but creating another battle down the road that is going to not only prove embarrassing but costly for any cash-strapped HOA at the same time.
Skirting the law by discouraging residents from having rolling shutters by requiring a stout deposit is underhanded and it is wrong. Worse yet, should anything happen to a home or the residents in a community where rolling shutters were denied could result in a massive lawsuit.
This is going to get interesting and you can bet that Schneider is not backing down.
(Editor’s Note: Mike Henle has represented and covered the rolling shutter industry since 1995. The Jaranowskis are now filing a complaint with the Nevada Ombudsman’s office.)
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