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HOA unsure how to deal with “Let’s go Brandon” sign

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Q: I am the president of a very small homeowners association community (27 homes). We have a resident who has placed a “Let’s go Brandon” sign in their front window. This has been up since January 2022.

Our rules say no signs allowed so we then defer to Nevada Revised Statute 116.325, of course. There is currently no specifics that I can see on what an election sign can say and when exactly it is allowed. Only that it is for one candidate per sign, unless I am missing something somewhere.

Currently, (Feb 28, 2022) there is no presidential election. It also doesn’t technically endorse one candidate over another via its wording and message, unless you know what this slogan means. How do we know exactly what we can enforce via NRS?

Appreciate any guidance. I want to be fair but also do the right thing for the community.

A: “Let’s go Brandon” is a political slogan used as a minced oath in reference to President Joe Biden. NRS 116.325 is the state law pertaining to political signs, which include an expressed support for or opposition to a candidate, political party or ballot question. (subsection No. 3). Please note, the NRS 116.325 state law is subject to any applicable provisions of the law, (i.e. city, county or state) governing the posting of political signs.

You should contact your municipality where you live as there are specific guidelines when political signs can be posted and when they need to be removed. If the resident is in violation of the local municipality, the association should then process the violation occurring to your enforcement policies.

Q: We have a major problem in our HOA with our new management company. Our previous management company was bought out, and the new company is getting everything switched over to “their” bank (auto pay of assessments and bill approval for those of us on the board). The board received a “docu sign” form to fill out in order for us to be able to approve the payment of bills.

The new bank is asking for our mother’s maiden name, our employer, our job title, the last four digits of our social number and other very personal information. I told our management company I am not supplying that information, nor should it be needed for us to approve payments.

Management replied: “Well, that’s what the bank is telling us they need, and there are no exceptions. They (the bank) were unable to provide an answer as to why that information is needed.”

Apparently, the homeowners are being asked for the same information to set up ACH (automated clearing house) for assessments. Why would the bank need that? The assessment is being debited from their own bank account. Any insight is appreciated.

A: There are some banks that will ask this information from the signers on the association’s bank accounts. Often, a company will ask for such information to make sure the account is protected against fraud from unauthorized users. Our Nevada Department of Motor Vehicles has the mother’s maiden name on their records for your driver’s license.

I would assume the same reason applies to those owners who want to set up ACH accounts.

Q: I am hoping that you can answer a question as I cannot find a definitive response anywhere on the internet.

Is it required in the state of Nevada that the HOA send monthly notices/statements to the homeowners, or, is this simply a courtesy measure? I ask because recently some members are complaining about the receipt of the monthly statement versus their payments versus the amount due shown on the statements. It appears to be a particular problem to those homeowners who still — in this day and age — continue to pay by handwritten check. Needless to say, neither party is responsible for the U.S. Postal Service. Additionally, there has never been any late charges assessed to any of these accounts.

The individuals keep pestering the management company and the board about this matter, in spite of the fact that nothing has changed in the past 20 years except the size and type of font on the statements. This has been explained and documented to the homeowners.

Back to the question. We are seriously thinking of discontinuing the monthly statements to end this nonsense. Actually, it would also save money. Any advice would be greatly appreciated.

A: There is no state law but it is a good business practice. Sending statements are part of your backup documents that show you have notified the homeowner of the assessment due. This becomes important if you have to take the initial steps to foreclose on a home.

Barbara Holland is an author and educator on real estate management. Questions may be sent to [email protected].

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