David,
Thank you for your phone response to my request for your assistance with the ongoing property damage and safety issues with Highland Falls G.C. You were sympathetic and shared with me that you had some of the same problems with damages to your property. The only suggestion you gave was you elected to install Rolladen Shutters to provide protection against glass breakage. We also discussed the removal of the 150 yard center pole. You're response was, that a decision was made to replace this center pole with two perimeter markers. What I was really expecting was a written response from you as an elected Director and representative of our community. As I stated in the past "it would be insane to make these costly repairs without addressing the cause". Furthermore, I stated that I wanted to make one thing perfectly clear, I am not asking for anything more or less than what is described in Nevada Law and our governing documents. I am asking SCSCAI to rectify this situation. Furthermore this HOA is seriously violating NRSS40.140.
NRS40.140(1)(a) defines Nuisance as:
Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…. Is a nuisance, and the subject of an action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
Another issue we discussed was the shoddy landscaping job on the Highland Falls G.C. you're response was; did I contact the landscape department? My response was that I didn't think it my duty to interfere with the workers.
Conclusions:
It appears to me that this HOA, SCSCAI, will continue to refuse
to acknowledge their responsibility for the health,
welfare and retirement lifestyle this community was designed to have. It's a shame that this HOA doesn't realize they are depriving the home-owner the use of their property due the the threat of bodily injury.
Dwain Kramzar
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