Q: The hot tub in our community fitness center has had significant episodes of disrepair and has not been functional over a period of months since at least mid-2025. It has been consistently out of operation since this past fall, with the association personnel providing a trove of mixed messages as to what the issues are as well as uncertainty when repairs would make it function as it should.

Additionally, residential members were told that the hot tub problems had to be handled only by the company that installed the latest heater/repairs, otherwise the warranty would be voided.

Recently, we were again informed on several occasions with a variety of timelines, parts were ordered or even that a new heater was ordered, and installation only would occur after an inspection from Southern Nevada Health District.

I then was informed approximately two weeks ago by an association operations staff member that it would be about five weeks out before it would be up and running.

Finally, after so many mixed messages from staff, coupled with much discussion poolside by multiple disgruntled residents, I took the initiative to contact SNHD to discuss with their personnel what the status was of the inspection date for the hot tub. The representative informed me that even a review of the plans submitted by the association actually was at least five weeks out.

She then continued by adding that once SNHD personnel approved the plans, then the hot tub replacement parts/heater, etc., could be installed and then SNHD would schedule its inspection.

The person I spoke with said a guesstimate for the project to be completed would be sometime in May.

Then, in yesterday’s mail, I received a letter from the Community Standards &Membership Manager stating that my action of contacting SNHD was a “Violation of SCMR Code of Conduct,” and that “it is not a right or privilege for any resident to interfere with operation of the Association.”

To be frank, all I did was place a call to SNHD, calmly and very politely and professionally asking an SNHD advocate for her information about the anticipated date as to when SNHD personnel would approve the necessary actions to “repair” the hot tub.

I find the tone and wording of the letter to be very disturbing and a significant overreach. The verbiage gave me the feeling that residents are living under the reign of an association dictatorship.

A: After reading the association’s letter, the violation letter is fairly standard. Many associations have such a noninterference policy as part of their rules and regulations. There have been situations where individual residents have directed vendors to projects that were not authorized by the association. There have been situations where concerned homeowners have contacted local and state agencies appearing to be authorized agents for their associations.

It is important for associations to be clear with their communications, especially when the concern is a maintenance issue of a featured amenity that is frequently used by the residents. It is not unusual for delays in parts or waiting for approvals from local and state governmental agencies.

Could the contents of the letter been toned down? Yes.

Q: A recent column talked about notifying residents about a date change for scheduled meetings.

However, I did not see if it can be done via email or if it must be mailed.

I am the president of my association, and it seems such a waste to mail postcards as so many of the residents are part time and many don’t read their mail when they are in town, as they have told me.

A: In Nevada, association notices can be sent via email. Under NRS 116.3108, notices must be hand-delivered, sent by U.S. mail to the mailing address or sent by electronic mail to an email address designated by the owner. If an owner has not opted into electronic notifications, the association must use U.S. mail.

Under NRS116B.513, unit owners have the right to opt out of electronic notices and request physical mail.

In emergency situations, notices should be sent by U.S. mail if possible or posted/hand-delivered.

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.