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WCMHOA - wcmhoa@yahoo.com Page 1
Updated 4/2015
WESTCHESTER MANOR
GENERAL INFORMATION FOR
HOMEOWNERS AND RESIDENTS
2015
WCMHOA - wcmhoa@yahoo.com Page 2
Updated 4/2015
WestchesterManor
Disclaimer
This document includes notes put together from conversations with WCMHOA board members
(past and present), homeowners and residents. It does not serve as a legally binding
document. It is for general information only. Please direct any specific question to the existing
board and/or management vendor, check CC&R’s and NRS statutes.
Purpose of this document
Homeowners who are considering joining the WCMHOA board are often unsure of what their
responsibilities would be, and homeowners who have joined the board face a stiff learning curve
before they can be productive board members. This document is not going to answer every
question but hopefully gives some general information that helps make it easier to understand
the way our HOA works. For those questions that are not answered in this document, contact a
WCMHOA board member or the management company.
About WCM
Westchester Manor is a 96 unit condominium complex located on 3 private streets. There are 4
amenities – RV parking, tennis court, clubhouse and pool. Each condo has one covered
parking space. The complex was built between 1972 and 1974 and was originally listed as part
of the Charleston Heights Project.
The complex consists of 24 buildings that each have 4 units.
A unit – single story, ground floor, 2 bedrooms, 1 bathroom, patio
B/C units – townhomes, 2 story, 2 bedrooms, 1 ½ bathrooms, patio
D unit – single story, second floor, over the carports, 2 bedroom, 1 bathroom, balcony
There are 12 buildings on Cardiff Lane, the first street completed under original construction. 7
buildings are on Canfield Drive, second phase construction completed with the pool, clubhouse
and tennis court. 5 buildings are on Wooster Circle, the third phase of construction completed
with the RV parking.
The bylaws and CC&R’s (covenants, conditions and restrictions) establish a 5 member board
and require a 3 board quorum in order to conduct board meetings and executive sessions. Over
the last 40 years, the Rules and Regulations have been updated to accommodate changes in
city, state and federal law. Additional policies have been added as necessary based on NRS
requirements.
There are both owner occupied and rental units on property. WCMHOA does not have a rental
restriction in the CC&R’s.
Each unit is issued a “pool key”. This key unlocks the bottom lock on the pool gate giving
access to the pool and the clubhouse bathrooms during the summer swim season. The key will
also unlock the tennis court gate.
Note - The original developers ofWCM chose to repeatthe street numbering on all 3 private streets. This means there is a
2357 Cardiff Lane,a 2357 Canfield Drive and a 2357 Wooster Circle. With duplicated street numbers itcan be a challenge for
vendors and visitors to locate the correct address. To help,there are large signs on each building with the full address (ex: 2357
Cardiff Lane).
WCMHOA - wcmhoa@yahoo.com Page 3
Updated 4/2015
Condo vs Apartment
A condo complex and an apartment complex bear multiple similarities. However there are
marked differences in how they are managed.
An apartment complex is owned and maintained by one entity who then rents units to multiple
parties. Rules are established and enforced by the owner/operator. The apartment manager
has the final say in disputes between renters and may evict anyone who does not comply.
A condo complex has specific areas owned by the individual and elements owned by everyone.
The HOA serves to protect and maintain the commonly owned elements and encourage a
positive living environment, but doesn’t act as the good neighbor police, only as the consistent
neighbor police. Fines may be levied for failure to comply to the rules and regulations but the
HOA cannot evict a troublesome renter who lets the dog bark all night long and the HOA board
is not meant to mediate neighbor to neighbor disputes. (see information on Neighborhood
Justice Center)
It’s an assessment – not dues
The definition of “dues”:
a regular payment that you make to be a member of an organization
The definition of “assessment”:
an amount of money that must be paid and that is collected by a government or other
authority
We pay dues to a health club. We pay an assessment to our homeowners association.
Most homeowners associate “assessment” with “special assessment” meaning that an
additional amount of money is going to be paid above what they are scheduled to pay each
month (for example the carport header project). There was a need to do repairs and not enough
money in the reserve account. Homeowners had to pay a special assessment to cover the cost.
They don’t connect “assessment” to the monthly contribution.
While the traditional language has been “I pay my hoa dues”, within the board and with the
management company you’ll hear the word “assessment”. It’s also the language used by the
Ombudsman, the NRS and it’s what we use in our documentation.
WCMHOA - wcmhoa@yahoo.com Page 4
Updated 4/2015
Rules, Regs and Education or Why do we do it that way?
Nevada associations are governed by Federal guidelines, State guidelines (Nevada Regulatory
Statues know as NRS), HOA CC&R’s, HOA bylaws, HOA rules & regulations and more.
There are the Americans with Disabilities Act, HUD, Fair Housing Act, Clark County and City of
Las Vegas Permit requirements and contractor board (for certification of vendors).
The management company, collection company or HOA lawyer will determine which set of
documents should guide an HOA decision. But ultimately the decisions are made by the HOA
board with input from the homeowners and residents.
Without education it can be overwhelming to understand all of the “whys” behind the processes
and the decisions that are made.
To that end, the WCMHOA board are members of the Community Association Institute (CAI)
which offers training and information on conducting HOA business, state regulations and project
management. CAI, and the Ombudsman office, offer classes, online information, publications
and even a CAI magazine that can be used as resources. In addition, the management
company will guide the board members, making the board aware of available options however
the management company is not there to make the decisions for the board.
Rules, Regs and Renters
In the purchase documents a new homeowner receives the rules and regulations of the
complex. If the homeowner decides to rent their unit, then the homeowner is responsible for
making sure any tenant is aware of the basic rules and regulations of the property.
It’s rare that someone really doesn’t want to be a good neighbor and the truth is the HOA really
doesn’t want to issue fines. So if we can have landlords educate all new renters on the most
common compliance problems, we could go a long way to improving the “harmony” of the
property.
Remember to pick up animal waste. In 2014 our HOA received a grant for 3 animal waste
stations so there are convenient disposal sights on each street making it easier to clean-up after
our pets.
Park in legal parking areas and don’t back in anyplace. If you back the car in the exhaust faces
the living area and this is a code violation. Parking under balconies may be convenient but it
blocks fire lanes. And please don’t park in someone else’s spot.
During pool season we want everyone to have fun but you’ll be kicked out of the pool area if you
block the gate open, have glass or alcohol, too many people or it’s after hours and you’re getting
rowdy. And if you ever leave a child unattended, you’ll lose your rights to the pool until the next
board meeting and the homeowner will be called to discuss the issue.
Remember that this is a small community and our goal is for you to have a safe, comfortable
place to live. Take a walk around the complex, have a birthday party at the clubhouse and play a
little tennis, we don’t mind if you don’t always clear the net. Enjoy being a part of an established
community and welcome to the neighborhood.
WCMHOA - wcmhoa@yahoo.com Page 5
Updated 4/2015
Meetings
Board Meetings
WCMHOA holds board meetings once a month. Currently they are on the 4th Wednesday at
2pm at the WCMHOA clubhouse. The executive session follows the board meeting. Twice a
year NRS requires meetings to be held “after hours” so that homeowners can join with the board
after 5pm or on weekends to discuss HOA business.
The board meeting is a formal review of HOA business. The format of the meeting is set by the
NRS. We must have an audio recording due to an NRS statute however written minutes are still
taken. Near the beginning of the meeting is a home owner forum where home owners may
speak regarding the agenda (this is per the NRS – homeowners often get aggravated because
issues not related to the agenda have to be tabled to the end of the meeting – they think the
board is being mean when the board is following the NRS rules).
Per NRS and our CC&R’s, the WCMHOA board meeting is for homeowners and invited
vendors. We have invited residents to participate especially as our HOA has residents who
have lived here for 10 years or more however we do limit the areas of discussion. Renters
discussion pool issues – yes; renters discussion the monthly assessment – no.
During the agenda discussion the board and vendors work through items and may (or may not)
include the homeowners in the discussion. At the close of the meeting is another home owner
forum where homeowners may bring up general questions.
Executive Session
After the board meeting is the executive session. This is where compliance items and issues
that require privacy are discussed. In general homeowner correspondence and legal issues
(collections) are the primary topics. Because it’s where the most private items are discussed,
this session is not recorded. Written minutes are taken. While all homeowners are welcome to
the board meeting, the executive session is limited to just those who are directly affected by the
discussion. A homeowner called for a compliance issue may be present during that part of the
conversation but would have to step outside when another homeowner came in to talk about
their issue.
In the past the executive session has been incorrectly identified as “that secret meeting”. The
impression has been that there’s something secret going on; that the board does something
illegal during this meeting. The executive session is when compliance and collections are
discussed and per state law, it can’t be open to everyone.
All board meeting minutes and financials are available to homeowners via e-mail for free or for a
small charge they can receive a hard copy. We keep a copy of the financials at the clubhouse if
someone wants to review them. (The board receives a copy via e-mail and also a copy in the
monthly board packet.)
Executive session minutes are only available to board members and to affected homeowners.
The homeowner would only receive the portion of the minutes that directly apply to them – they
wouldn’t receive the overall minutes.
WCMHOA - wcmhoa@yahoo.com Page 6
Updated 4/2015
Workshops
The board can and does conduct workshops. These are get togethers separate from the
published meetings where no decisions are made, no voting takes place. The purpose for a
workshop will generally be either to gather information and organize it for a board discussion or
to work with vendors to manage a project.
We’ve had workshops to
gather information for a grant discussion
review portions of the rules and regulations
meet with vendors to discuss the 2349/2357 Cardiff rehab project
review fencing options for a new pool fence
find reasonably priced durable pool furnishings
talk to vendors regarding the replacement of the Wooster/Smoke Ranch fence
discuss landscaping changes
Recently we met to review the towing and parking guidelines because the city and county rules
have changes and we needed to check out our documents.
A workshop is not meant to replace a board meeting. But if all HOA board activity were
completed within a formal board meeting, it would mean projects would take a very long time to
get done.
In some circumstances, what is completed in a workshop would be done by committees. If we
had a rules and regulations committee, the workshop to review the towing and parking
guidelines would just would have been a committee meeting but since we don’t have a rules and
regs committee and it needs to be done, it becomes a board workshop.
Workshops don’t normally have minutes. Workshop results are discussed under either reports
or the appropriate business item at the next board meeting.
Annual Meeting/Elections/Budget Ratification Meeting
The Annual Meeting normally takes place in the 1st half of the year and is when WCMHOA
conducts board elections.
The Budget Ratification meeting occurs in 4th quarter and will be no more than 30 days after the
budget has been sent to the homeowners. Normally it’s in November. This is the opportunity
for homeowners to meet and decline the proposed budged. If they do not attend and decline
the budget, the budget proposed by the board will accepted. A board quorum is not needed for
this meeting.
WCMHOA - wcmhoa@yahoo.com Page 7
Updated 4/2015
Operating budget/Operating account
The operating budget consists of our routine monthly/quarterly/yearly expenses. Examples are
water (monthly), garbage pickup (quarterly), and Secretary of State filing (yearly).
The 2015 budget was built based on what we actually spent in 2014 with some increases for
inflation and materials and decreases whenever that’s possible.
The process is – the board and the management company started putting the 2015 budget
together in August 2014, talking about 2015 and 2016 objectives so that we could set up a
budget that would meet those goals. In September Mesa presented a rough budget and the
board reviewed it and made some recommendations. In October Mesa and the board went
through each line item and approved it for presentation to the homeowners. The budget then is
mailed to the homeowners and a meeting is held for them to come and discuss it. If they do not
come to the meeting to vote it down, the budget is ratified for the new year. This is the NRS
process.
The operating account is the bank account where the monthly assessment is collected. And it’s
where funds are disbursed to pay for the general expenses.
Reserve budget/Reserve account
The reserve budget is where we budget for infrastructure projects. These are not general
maintenance or capital improvements projects. This would be replacing asphalt or refurbishing
building exteriors or repairing roofs.
Every 5 years we are required by NRS to have a Reserve Study completed. A Reserve
Specialist surveys the property, our finances, our projects and our plans and creates a schedule
that shows the life expectancy of all substantial items in the complex. The spreadsheet shows
how long the asphalt is expected to last and how long before the sidewalks will need to be
replaced or the tree’s need to be seriously trimmed or the tennis court needs to be resurfaced.
We receive a binder with images and information on all the HOA elements and this information
creates the reserve study. From this documentation the board is able to determine what the
next reserve project should be and can do long term analysis of the reserve account/fund to
make sure funds are available when the projects need to be completed.
Reviewing the reserve study is part of the yearly budget analysis. Just because something is
flagged in the reserve study as recommended for repair in a specific year doesn’t mean we have
to do it. For example, the reserve study indicates we should replace the refrigerator and stove in
the clubhouse. We’re not. It’s fine as is. And just because something is set farther out doesn’t
mean we have to wait. Painting the buildings may be out in 2020 but we’re working on it some
each year.
The reserve account is funded by a transfer from the operating account each month. This is
why reserve projects are always part of the budget discussion. It’s necessary so we can be
sure we have enough in our reserve account to cover planned projects and anything that may
demand attention – like a pipe that feeds the pool (see There’s a Water Leak).
WCMHOA - wcmhoa@yahoo.com Page 8
Updated 4/2015
Ombudsman – NRED (Nevada Real Estate Division)
There is a state division that is an advocate for homeowners and assists in clarifying new law for
homeowners associations – the Ombudsman’s office (NRED). This organization is funded in
part by yearly fees paid by associations (it’s a per door charge – more doors, more the HOA
pays).
Homeowners often don’t know that there’s someplace they can go if they have a serious dispute
with their HOA board. At the Ombudsman office there are a number of resources available to
home owners free of charge but they are only available if homeowners act within a specific
amount of time. In general, homeowners must file some form of inquiry within a calendar year
of the issue or dispute in order for it to be considered for the free services. However there are
arbitration services available for a small dollar amount that can be used if the 12 month dispute
window has been exceeded. The initial form only takes a little time and doesn’t cost anything
and it may resolve the problem.
In addition, while the board and management company can’t give certain information to a
homeowner (see compliance or collection info regarding a neighbor), the board can legally
supply that information to the Ombudsman office. If a homeowner thinks the board isn’t taking
action on a problem, they can file an inquiry with the Ombudsman’s office and the Ombudsman
will review all steps taken. The Ombudsman cannot reveal any of the details about what’s
happening with the neighbor, but they could confirm that the board is taking appropriate action,
they could recommend additional action or they could take disciplinary action against the board
if necessary.
In addition, the Ombudsman office conducts free classes and hold meetings, open to the public,
that deal in neighborhood and association law. These are available to all homeowners, not just
board members. Schedules are available online.
Neighborhood Justice Center or My Neighbor Let’s Their Dog Bark All Night
Sometimes homeowners or residents come to the HOA board or the management company
expecting them to resolve issues that do not fall under association management.
Neighbor to neighbor conflicts can be hard to manage and frustrations can boil over. Before
things escalate, it may be worth going to the NJC and entering into the mediation process. The
no cost program is convenient and confidential.
http://www.lasvegasjusticecourt.us/services/neighborhood_justice_center/index.php
But if the issue hasn’t quite made it to the NJC level yet, there are other places any resident can
go to for assistance – (examples listed but not limited to what is shown)
Animal Control (702) 229-6444, option 2; barking dogs, animals running loose
Metro Non-emergency line 311; loitering
Metro Emergency line 911; physical danger, vehicle break-in
WCMHOA - wcmhoa@yahoo.com Page 9
Updated 4/2015
WCMHOA Vendors
Homeowners and residents should make themselves familiar with approved neighborhood
vendors. WCMHOA currently has contracts with the following vendors:
Description Vendor Term
Emergency Phone CenturyLink M
Fire Extinguisher Maintenance Mesa Fire Maintenance A
Garbage Republic Y
General Maintenance --- M
Insurance Travelers Y
Landscaping Valley Crest Y
Lights Desert Clark County Lighting Y
Janitorial & Porter BB Clean (seasonal pool janitorial A
Management Company Mesa Management Y
Pool Lake Front M
Power NV Energy M
Roof Bid per project A
Security --- M
Sewer City of Las Vegas M
Water Southern Nevada Water District M
Mesa Management coordinators vendor activities. Vendors on the list with a Y have a yearlong
contract. M is month to month and A is on an as needed basis. The vendors are not limited to
those on this list.
Vendors have to supply copies of licenses and insurance certifications to Mesa prior to doing
work. What they supply is based on the work being completed. Mesa will let us know if there
are issues with a vendor license or insurance.
There are rules about what kinds of license or insurance (and how much) a vendor has to have
for each project.
Any contract we have will include a termination clause that allows the HOA (or vendor) to end
the contract for any reason with 30 days notice. This is necessary to ensure the HOA is not
responsible for a 12 month financial commitment even if the services have been discontinued.
WCMHOA - wcmhoa@yahoo.com Page 10
Updated 4/2015
What to do when someone contacts you and says……
There’s a water leak
The dumpsters are overfilled
The vacant unit next door has a broken window
A car is backed in the carport/up on blocks/parked illegally
Someone dumped personal belongings in front of a condo
There’s possible domestic abuse/child abuse/drug use or sales
One of the outside water faucets is dripping
A building/carport light is out
A building/carport light will never go out
There’s graffiti all over a wall
The best response is to have the person reporting the issue contact the management company
or security or the police department themselves. If they are unwilling, the process is to get the
specific location, try to get a picture and report it to Mesa.
1) Get the location. Be specific. Remember that whoever set up the streets repeated
the building numbers so if we say “it’s in front of 2333” we could be on any of the 3
streets.
Good Ex: 2333 Wooster in front of the A unit door by the pine tree.
Bad Ex: It’s at 2333 by the sidewalk
2) Ask if they can send you a picture. A picture can confirm the location plus it can
help determine what the next step will be.
Is it an irrigation problem or a plumbing leak? Should the car be towed or just
tagged? Is this a health and safety issue requiring immediate response and repair or
can we allow the homeowner an opportunity to resolve the issue?
A picture isn’t always possible and shouldn’t stop you from reporting the problem.
3) Contact the management company. There are several ways to reach out to the
management company and the method would be dictated by the need of response.
a. Call - contact the office immediately. If this is an urgent situation use the after
hour number.
b. E-mail – even if you call, if you have an image, send the picture via e-mail
c. If there is an immediate emergency – call 911
d. If there is a possible problem – call the security company or the police non-
emergency number 311
Our current management company is Mesa Management. You can e-mail our account
manager - Eddie Waldron at eddie@mesamanagement.com or call Mesa at 702 750 0530.
You can report an issue to anyone at Mesa and don’t have to speak directly to Eddie.
WCMHOA - wcmhoa@yahoo.com Page 11
Updated 4/2015
What does it take to be on the board?
From a technical perspective, you need to be a homeowner in Westchester Manor. If your
assessments are not current you will be restricted from voting or participating in certain
situations but you can still be on the board.
There are one year and two year terms. Elections are held once a year or a board member may
be appointed to a vacant position at any time. If appointed to a vacant position, they will have to
run in the next election.
As to the time you’ll spend, that’s different for each person. Some people only have the time to
review the e-mails and prepare for the monthly meetings and attend the meetings. Others have
time to meet with vendors on the property or attend grant meetings. Some participate in
seminars and classes.
Being on the WCMHOA board means you’re making decisions that will assist all the
homeowners and residents of this property. Sometimes it means you make a decision that isn’t
what you would personally do but it’s what is best for the HOA.
The board is all volunteer. There are no financial perks, no free assessments, extra attention
from vendors or get out of compliance free cards. And there are the complaints – the rants and
the unhappy people who believe that being on the board somehow separates you from the rest
of the homeowners. Makes you a “them” versus their “us”.
Being on the board doesn’t place you apart from the homeowners. It simply makes you one of
the voices who are actively addressing the current needs of the HOA.
There are definitely rewards to being a board member but they come in the form of a great pool
season with everyone having a terrific time, completed building projects and new asphalt. It’s
looking at the complex and seeing the impact of grant projects and competent vendors and
careful budgeting.
A term of service on the board may seem overwhelming but with the assistance of existing
board members and the management company, you can quickly learn the needs of the complex
and become part of the process to protect and maintain the community. It’s a worthwhile
endeavor.
Because at the end of the day, we all want Westchester Manor to remain a great place to live.
WCMHOA - wcmhoa@yahoo.com Page 12
Updated 4/2015
WESTCHESTER MANOR HOMEOWNERS ASSOCIATION
9512 West Flamingo, Suite 102 Las Vegas, NV 89147
702-750-0530 / 702-750-0532
We need you to volunteer! If you are interested in placing your name in nomination to serve a two year term on the Board of
Directors,please complete this form and return to the address above in order to have your name appear on the secretballot.
Please place myname in nomination for a term on the Board of Directors ofWestchester Homeowners Association.
_____________________________________________________________
Signature
Name: __ ______________________________________________Phone:_______________________________________
Address:_______________________________________________Email:__________________________________________
I would like to serve on the Board because:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Qualifications Ifeel will benefitour Community:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Other information I would like to share:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
NRS 116.31034 requires thateach person whose name is placed on the ballotas a candidate for a member ofthe board must
make a good faith effort to disclose anyfinancial,business,professional or personal relationship or interestthatwould resultor
would appear to a reasonable person to resultin a potential conflict of interestfor the candidate if the candidate were to be
elected to serve as a member ofthe Board. Please mark an X next to one of the following:
_________Yes,Ihave a potential conflictof interest.
Explanation:____________________________________________________________________________________________
__________No,Ihave no potential conflictof interest
NRS 116.31034 also requires thateach potential candidate disclose whether the candidate is a member in good standing. For
the purposes ofthis disclosure,“good standing” means thatthe candidate is currenton all assessments and has no construction
penalties. Please mark an X next to one of the following:
____________ Yes,I am a member in good standing.
____________ No,I am not a member in good standing.
Explanation:____________________________________________________________________________________________
(This formw illbe mailed to all units in the community as is w ith the ballots. If you choose to attach another form, that too w illbe included w ith
the ballots. Allcandidates must complete the required disclosures on this form. Failure to do so may result in your name not being placed on
the ballot for election.)

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2015 WCMHOA Information

  • 1. WCMHOA - wcmhoa@yahoo.com Page 1 Updated 4/2015 WESTCHESTER MANOR GENERAL INFORMATION FOR HOMEOWNERS AND RESIDENTS 2015
  • 2. WCMHOA - wcmhoa@yahoo.com Page 2 Updated 4/2015 WestchesterManor Disclaimer This document includes notes put together from conversations with WCMHOA board members (past and present), homeowners and residents. It does not serve as a legally binding document. It is for general information only. Please direct any specific question to the existing board and/or management vendor, check CC&R’s and NRS statutes. Purpose of this document Homeowners who are considering joining the WCMHOA board are often unsure of what their responsibilities would be, and homeowners who have joined the board face a stiff learning curve before they can be productive board members. This document is not going to answer every question but hopefully gives some general information that helps make it easier to understand the way our HOA works. For those questions that are not answered in this document, contact a WCMHOA board member or the management company. About WCM Westchester Manor is a 96 unit condominium complex located on 3 private streets. There are 4 amenities – RV parking, tennis court, clubhouse and pool. Each condo has one covered parking space. The complex was built between 1972 and 1974 and was originally listed as part of the Charleston Heights Project. The complex consists of 24 buildings that each have 4 units. A unit – single story, ground floor, 2 bedrooms, 1 bathroom, patio B/C units – townhomes, 2 story, 2 bedrooms, 1 ½ bathrooms, patio D unit – single story, second floor, over the carports, 2 bedroom, 1 bathroom, balcony There are 12 buildings on Cardiff Lane, the first street completed under original construction. 7 buildings are on Canfield Drive, second phase construction completed with the pool, clubhouse and tennis court. 5 buildings are on Wooster Circle, the third phase of construction completed with the RV parking. The bylaws and CC&R’s (covenants, conditions and restrictions) establish a 5 member board and require a 3 board quorum in order to conduct board meetings and executive sessions. Over the last 40 years, the Rules and Regulations have been updated to accommodate changes in city, state and federal law. Additional policies have been added as necessary based on NRS requirements. There are both owner occupied and rental units on property. WCMHOA does not have a rental restriction in the CC&R’s. Each unit is issued a “pool key”. This key unlocks the bottom lock on the pool gate giving access to the pool and the clubhouse bathrooms during the summer swim season. The key will also unlock the tennis court gate. Note - The original developers ofWCM chose to repeatthe street numbering on all 3 private streets. This means there is a 2357 Cardiff Lane,a 2357 Canfield Drive and a 2357 Wooster Circle. With duplicated street numbers itcan be a challenge for vendors and visitors to locate the correct address. To help,there are large signs on each building with the full address (ex: 2357 Cardiff Lane).
  • 3. WCMHOA - wcmhoa@yahoo.com Page 3 Updated 4/2015 Condo vs Apartment A condo complex and an apartment complex bear multiple similarities. However there are marked differences in how they are managed. An apartment complex is owned and maintained by one entity who then rents units to multiple parties. Rules are established and enforced by the owner/operator. The apartment manager has the final say in disputes between renters and may evict anyone who does not comply. A condo complex has specific areas owned by the individual and elements owned by everyone. The HOA serves to protect and maintain the commonly owned elements and encourage a positive living environment, but doesn’t act as the good neighbor police, only as the consistent neighbor police. Fines may be levied for failure to comply to the rules and regulations but the HOA cannot evict a troublesome renter who lets the dog bark all night long and the HOA board is not meant to mediate neighbor to neighbor disputes. (see information on Neighborhood Justice Center) It’s an assessment – not dues The definition of “dues”: a regular payment that you make to be a member of an organization The definition of “assessment”: an amount of money that must be paid and that is collected by a government or other authority We pay dues to a health club. We pay an assessment to our homeowners association. Most homeowners associate “assessment” with “special assessment” meaning that an additional amount of money is going to be paid above what they are scheduled to pay each month (for example the carport header project). There was a need to do repairs and not enough money in the reserve account. Homeowners had to pay a special assessment to cover the cost. They don’t connect “assessment” to the monthly contribution. While the traditional language has been “I pay my hoa dues”, within the board and with the management company you’ll hear the word “assessment”. It’s also the language used by the Ombudsman, the NRS and it’s what we use in our documentation.
  • 4. WCMHOA - wcmhoa@yahoo.com Page 4 Updated 4/2015 Rules, Regs and Education or Why do we do it that way? Nevada associations are governed by Federal guidelines, State guidelines (Nevada Regulatory Statues know as NRS), HOA CC&R’s, HOA bylaws, HOA rules & regulations and more. There are the Americans with Disabilities Act, HUD, Fair Housing Act, Clark County and City of Las Vegas Permit requirements and contractor board (for certification of vendors). The management company, collection company or HOA lawyer will determine which set of documents should guide an HOA decision. But ultimately the decisions are made by the HOA board with input from the homeowners and residents. Without education it can be overwhelming to understand all of the “whys” behind the processes and the decisions that are made. To that end, the WCMHOA board are members of the Community Association Institute (CAI) which offers training and information on conducting HOA business, state regulations and project management. CAI, and the Ombudsman office, offer classes, online information, publications and even a CAI magazine that can be used as resources. In addition, the management company will guide the board members, making the board aware of available options however the management company is not there to make the decisions for the board. Rules, Regs and Renters In the purchase documents a new homeowner receives the rules and regulations of the complex. If the homeowner decides to rent their unit, then the homeowner is responsible for making sure any tenant is aware of the basic rules and regulations of the property. It’s rare that someone really doesn’t want to be a good neighbor and the truth is the HOA really doesn’t want to issue fines. So if we can have landlords educate all new renters on the most common compliance problems, we could go a long way to improving the “harmony” of the property. Remember to pick up animal waste. In 2014 our HOA received a grant for 3 animal waste stations so there are convenient disposal sights on each street making it easier to clean-up after our pets. Park in legal parking areas and don’t back in anyplace. If you back the car in the exhaust faces the living area and this is a code violation. Parking under balconies may be convenient but it blocks fire lanes. And please don’t park in someone else’s spot. During pool season we want everyone to have fun but you’ll be kicked out of the pool area if you block the gate open, have glass or alcohol, too many people or it’s after hours and you’re getting rowdy. And if you ever leave a child unattended, you’ll lose your rights to the pool until the next board meeting and the homeowner will be called to discuss the issue. Remember that this is a small community and our goal is for you to have a safe, comfortable place to live. Take a walk around the complex, have a birthday party at the clubhouse and play a little tennis, we don’t mind if you don’t always clear the net. Enjoy being a part of an established community and welcome to the neighborhood.
  • 5. WCMHOA - wcmhoa@yahoo.com Page 5 Updated 4/2015 Meetings Board Meetings WCMHOA holds board meetings once a month. Currently they are on the 4th Wednesday at 2pm at the WCMHOA clubhouse. The executive session follows the board meeting. Twice a year NRS requires meetings to be held “after hours” so that homeowners can join with the board after 5pm or on weekends to discuss HOA business. The board meeting is a formal review of HOA business. The format of the meeting is set by the NRS. We must have an audio recording due to an NRS statute however written minutes are still taken. Near the beginning of the meeting is a home owner forum where home owners may speak regarding the agenda (this is per the NRS – homeowners often get aggravated because issues not related to the agenda have to be tabled to the end of the meeting – they think the board is being mean when the board is following the NRS rules). Per NRS and our CC&R’s, the WCMHOA board meeting is for homeowners and invited vendors. We have invited residents to participate especially as our HOA has residents who have lived here for 10 years or more however we do limit the areas of discussion. Renters discussion pool issues – yes; renters discussion the monthly assessment – no. During the agenda discussion the board and vendors work through items and may (or may not) include the homeowners in the discussion. At the close of the meeting is another home owner forum where homeowners may bring up general questions. Executive Session After the board meeting is the executive session. This is where compliance items and issues that require privacy are discussed. In general homeowner correspondence and legal issues (collections) are the primary topics. Because it’s where the most private items are discussed, this session is not recorded. Written minutes are taken. While all homeowners are welcome to the board meeting, the executive session is limited to just those who are directly affected by the discussion. A homeowner called for a compliance issue may be present during that part of the conversation but would have to step outside when another homeowner came in to talk about their issue. In the past the executive session has been incorrectly identified as “that secret meeting”. The impression has been that there’s something secret going on; that the board does something illegal during this meeting. The executive session is when compliance and collections are discussed and per state law, it can’t be open to everyone. All board meeting minutes and financials are available to homeowners via e-mail for free or for a small charge they can receive a hard copy. We keep a copy of the financials at the clubhouse if someone wants to review them. (The board receives a copy via e-mail and also a copy in the monthly board packet.) Executive session minutes are only available to board members and to affected homeowners. The homeowner would only receive the portion of the minutes that directly apply to them – they wouldn’t receive the overall minutes.
  • 6. WCMHOA - wcmhoa@yahoo.com Page 6 Updated 4/2015 Workshops The board can and does conduct workshops. These are get togethers separate from the published meetings where no decisions are made, no voting takes place. The purpose for a workshop will generally be either to gather information and organize it for a board discussion or to work with vendors to manage a project. We’ve had workshops to gather information for a grant discussion review portions of the rules and regulations meet with vendors to discuss the 2349/2357 Cardiff rehab project review fencing options for a new pool fence find reasonably priced durable pool furnishings talk to vendors regarding the replacement of the Wooster/Smoke Ranch fence discuss landscaping changes Recently we met to review the towing and parking guidelines because the city and county rules have changes and we needed to check out our documents. A workshop is not meant to replace a board meeting. But if all HOA board activity were completed within a formal board meeting, it would mean projects would take a very long time to get done. In some circumstances, what is completed in a workshop would be done by committees. If we had a rules and regulations committee, the workshop to review the towing and parking guidelines would just would have been a committee meeting but since we don’t have a rules and regs committee and it needs to be done, it becomes a board workshop. Workshops don’t normally have minutes. Workshop results are discussed under either reports or the appropriate business item at the next board meeting. Annual Meeting/Elections/Budget Ratification Meeting The Annual Meeting normally takes place in the 1st half of the year and is when WCMHOA conducts board elections. The Budget Ratification meeting occurs in 4th quarter and will be no more than 30 days after the budget has been sent to the homeowners. Normally it’s in November. This is the opportunity for homeowners to meet and decline the proposed budged. If they do not attend and decline the budget, the budget proposed by the board will accepted. A board quorum is not needed for this meeting.
  • 7. WCMHOA - wcmhoa@yahoo.com Page 7 Updated 4/2015 Operating budget/Operating account The operating budget consists of our routine monthly/quarterly/yearly expenses. Examples are water (monthly), garbage pickup (quarterly), and Secretary of State filing (yearly). The 2015 budget was built based on what we actually spent in 2014 with some increases for inflation and materials and decreases whenever that’s possible. The process is – the board and the management company started putting the 2015 budget together in August 2014, talking about 2015 and 2016 objectives so that we could set up a budget that would meet those goals. In September Mesa presented a rough budget and the board reviewed it and made some recommendations. In October Mesa and the board went through each line item and approved it for presentation to the homeowners. The budget then is mailed to the homeowners and a meeting is held for them to come and discuss it. If they do not come to the meeting to vote it down, the budget is ratified for the new year. This is the NRS process. The operating account is the bank account where the monthly assessment is collected. And it’s where funds are disbursed to pay for the general expenses. Reserve budget/Reserve account The reserve budget is where we budget for infrastructure projects. These are not general maintenance or capital improvements projects. This would be replacing asphalt or refurbishing building exteriors or repairing roofs. Every 5 years we are required by NRS to have a Reserve Study completed. A Reserve Specialist surveys the property, our finances, our projects and our plans and creates a schedule that shows the life expectancy of all substantial items in the complex. The spreadsheet shows how long the asphalt is expected to last and how long before the sidewalks will need to be replaced or the tree’s need to be seriously trimmed or the tennis court needs to be resurfaced. We receive a binder with images and information on all the HOA elements and this information creates the reserve study. From this documentation the board is able to determine what the next reserve project should be and can do long term analysis of the reserve account/fund to make sure funds are available when the projects need to be completed. Reviewing the reserve study is part of the yearly budget analysis. Just because something is flagged in the reserve study as recommended for repair in a specific year doesn’t mean we have to do it. For example, the reserve study indicates we should replace the refrigerator and stove in the clubhouse. We’re not. It’s fine as is. And just because something is set farther out doesn’t mean we have to wait. Painting the buildings may be out in 2020 but we’re working on it some each year. The reserve account is funded by a transfer from the operating account each month. This is why reserve projects are always part of the budget discussion. It’s necessary so we can be sure we have enough in our reserve account to cover planned projects and anything that may demand attention – like a pipe that feeds the pool (see There’s a Water Leak).
  • 8. WCMHOA - wcmhoa@yahoo.com Page 8 Updated 4/2015 Ombudsman – NRED (Nevada Real Estate Division) There is a state division that is an advocate for homeowners and assists in clarifying new law for homeowners associations – the Ombudsman’s office (NRED). This organization is funded in part by yearly fees paid by associations (it’s a per door charge – more doors, more the HOA pays). Homeowners often don’t know that there’s someplace they can go if they have a serious dispute with their HOA board. At the Ombudsman office there are a number of resources available to home owners free of charge but they are only available if homeowners act within a specific amount of time. In general, homeowners must file some form of inquiry within a calendar year of the issue or dispute in order for it to be considered for the free services. However there are arbitration services available for a small dollar amount that can be used if the 12 month dispute window has been exceeded. The initial form only takes a little time and doesn’t cost anything and it may resolve the problem. In addition, while the board and management company can’t give certain information to a homeowner (see compliance or collection info regarding a neighbor), the board can legally supply that information to the Ombudsman office. If a homeowner thinks the board isn’t taking action on a problem, they can file an inquiry with the Ombudsman’s office and the Ombudsman will review all steps taken. The Ombudsman cannot reveal any of the details about what’s happening with the neighbor, but they could confirm that the board is taking appropriate action, they could recommend additional action or they could take disciplinary action against the board if necessary. In addition, the Ombudsman office conducts free classes and hold meetings, open to the public, that deal in neighborhood and association law. These are available to all homeowners, not just board members. Schedules are available online. Neighborhood Justice Center or My Neighbor Let’s Their Dog Bark All Night Sometimes homeowners or residents come to the HOA board or the management company expecting them to resolve issues that do not fall under association management. Neighbor to neighbor conflicts can be hard to manage and frustrations can boil over. Before things escalate, it may be worth going to the NJC and entering into the mediation process. The no cost program is convenient and confidential. http://www.lasvegasjusticecourt.us/services/neighborhood_justice_center/index.php But if the issue hasn’t quite made it to the NJC level yet, there are other places any resident can go to for assistance – (examples listed but not limited to what is shown) Animal Control (702) 229-6444, option 2; barking dogs, animals running loose Metro Non-emergency line 311; loitering Metro Emergency line 911; physical danger, vehicle break-in
  • 9. WCMHOA - wcmhoa@yahoo.com Page 9 Updated 4/2015 WCMHOA Vendors Homeowners and residents should make themselves familiar with approved neighborhood vendors. WCMHOA currently has contracts with the following vendors: Description Vendor Term Emergency Phone CenturyLink M Fire Extinguisher Maintenance Mesa Fire Maintenance A Garbage Republic Y General Maintenance --- M Insurance Travelers Y Landscaping Valley Crest Y Lights Desert Clark County Lighting Y Janitorial & Porter BB Clean (seasonal pool janitorial A Management Company Mesa Management Y Pool Lake Front M Power NV Energy M Roof Bid per project A Security --- M Sewer City of Las Vegas M Water Southern Nevada Water District M Mesa Management coordinators vendor activities. Vendors on the list with a Y have a yearlong contract. M is month to month and A is on an as needed basis. The vendors are not limited to those on this list. Vendors have to supply copies of licenses and insurance certifications to Mesa prior to doing work. What they supply is based on the work being completed. Mesa will let us know if there are issues with a vendor license or insurance. There are rules about what kinds of license or insurance (and how much) a vendor has to have for each project. Any contract we have will include a termination clause that allows the HOA (or vendor) to end the contract for any reason with 30 days notice. This is necessary to ensure the HOA is not responsible for a 12 month financial commitment even if the services have been discontinued.
  • 10. WCMHOA - wcmhoa@yahoo.com Page 10 Updated 4/2015 What to do when someone contacts you and says…… There’s a water leak The dumpsters are overfilled The vacant unit next door has a broken window A car is backed in the carport/up on blocks/parked illegally Someone dumped personal belongings in front of a condo There’s possible domestic abuse/child abuse/drug use or sales One of the outside water faucets is dripping A building/carport light is out A building/carport light will never go out There’s graffiti all over a wall The best response is to have the person reporting the issue contact the management company or security or the police department themselves. If they are unwilling, the process is to get the specific location, try to get a picture and report it to Mesa. 1) Get the location. Be specific. Remember that whoever set up the streets repeated the building numbers so if we say “it’s in front of 2333” we could be on any of the 3 streets. Good Ex: 2333 Wooster in front of the A unit door by the pine tree. Bad Ex: It’s at 2333 by the sidewalk 2) Ask if they can send you a picture. A picture can confirm the location plus it can help determine what the next step will be. Is it an irrigation problem or a plumbing leak? Should the car be towed or just tagged? Is this a health and safety issue requiring immediate response and repair or can we allow the homeowner an opportunity to resolve the issue? A picture isn’t always possible and shouldn’t stop you from reporting the problem. 3) Contact the management company. There are several ways to reach out to the management company and the method would be dictated by the need of response. a. Call - contact the office immediately. If this is an urgent situation use the after hour number. b. E-mail – even if you call, if you have an image, send the picture via e-mail c. If there is an immediate emergency – call 911 d. If there is a possible problem – call the security company or the police non- emergency number 311 Our current management company is Mesa Management. You can e-mail our account manager - Eddie Waldron at eddie@mesamanagement.com or call Mesa at 702 750 0530. You can report an issue to anyone at Mesa and don’t have to speak directly to Eddie.
  • 11. WCMHOA - wcmhoa@yahoo.com Page 11 Updated 4/2015 What does it take to be on the board? From a technical perspective, you need to be a homeowner in Westchester Manor. If your assessments are not current you will be restricted from voting or participating in certain situations but you can still be on the board. There are one year and two year terms. Elections are held once a year or a board member may be appointed to a vacant position at any time. If appointed to a vacant position, they will have to run in the next election. As to the time you’ll spend, that’s different for each person. Some people only have the time to review the e-mails and prepare for the monthly meetings and attend the meetings. Others have time to meet with vendors on the property or attend grant meetings. Some participate in seminars and classes. Being on the WCMHOA board means you’re making decisions that will assist all the homeowners and residents of this property. Sometimes it means you make a decision that isn’t what you would personally do but it’s what is best for the HOA. The board is all volunteer. There are no financial perks, no free assessments, extra attention from vendors or get out of compliance free cards. And there are the complaints – the rants and the unhappy people who believe that being on the board somehow separates you from the rest of the homeowners. Makes you a “them” versus their “us”. Being on the board doesn’t place you apart from the homeowners. It simply makes you one of the voices who are actively addressing the current needs of the HOA. There are definitely rewards to being a board member but they come in the form of a great pool season with everyone having a terrific time, completed building projects and new asphalt. It’s looking at the complex and seeing the impact of grant projects and competent vendors and careful budgeting. A term of service on the board may seem overwhelming but with the assistance of existing board members and the management company, you can quickly learn the needs of the complex and become part of the process to protect and maintain the community. It’s a worthwhile endeavor. Because at the end of the day, we all want Westchester Manor to remain a great place to live.
  • 12. WCMHOA - wcmhoa@yahoo.com Page 12 Updated 4/2015 WESTCHESTER MANOR HOMEOWNERS ASSOCIATION 9512 West Flamingo, Suite 102 Las Vegas, NV 89147 702-750-0530 / 702-750-0532 We need you to volunteer! If you are interested in placing your name in nomination to serve a two year term on the Board of Directors,please complete this form and return to the address above in order to have your name appear on the secretballot. Please place myname in nomination for a term on the Board of Directors ofWestchester Homeowners Association. _____________________________________________________________ Signature Name: __ ______________________________________________Phone:_______________________________________ Address:_______________________________________________Email:__________________________________________ I would like to serve on the Board because: ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Qualifications Ifeel will benefitour Community: ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Other information I would like to share: ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ NRS 116.31034 requires thateach person whose name is placed on the ballotas a candidate for a member ofthe board must make a good faith effort to disclose anyfinancial,business,professional or personal relationship or interestthatwould resultor would appear to a reasonable person to resultin a potential conflict of interestfor the candidate if the candidate were to be elected to serve as a member ofthe Board. Please mark an X next to one of the following: _________Yes,Ihave a potential conflictof interest. Explanation:____________________________________________________________________________________________ __________No,Ihave no potential conflictof interest NRS 116.31034 also requires thateach potential candidate disclose whether the candidate is a member in good standing. For the purposes ofthis disclosure,“good standing” means thatthe candidate is currenton all assessments and has no construction penalties. Please mark an X next to one of the following: ____________ Yes,I am a member in good standing. ____________ No,I am not a member in good standing. Explanation:____________________________________________________________________________________________ (This formw illbe mailed to all units in the community as is w ith the ballots. If you choose to attach another form, that too w illbe included w ith the ballots. Allcandidates must complete the required disclosures on this form. Failure to do so may result in your name not being placed on the ballot for election.)