Q: The board of directors in our homeowners association recently took out the fireplace that was in a step-down area of the clubhouse without notifying the homeowners, obtaining bids for the work or obtaining a Clark County building permit. The main room was redesigned, and new oil paintings and flooring were installed. The floor was […]
Board should not appoint manager without vote (NV)
Q: Our covenants, conditions &restrictions state the following: “Use of Agent. The association may by a 2/3 majority vote employ a person engaged in property management for the common-interest community for the performance of maintenance and repair and for conducting other activities on behalf of the association, as may be determined by the Board.”. We […]
Homeowner reports rat infestation in her west Las Vegas home (NV)
A valley woman is dealing with a giant rat problem and she claims her emails to First Service Residential (HOA) have gone unanswered for too long. Creepy crawlers have been playing house in Anna De Chirico’s home for at least six months. Read the article……………….
North Tahoe homeowners nationally recognized for fire safety (NV)
Carnelian Woods Townhouse Association on Lake Tahoe’s north shore as been nationally recognized for its efforts to reduce the vulnerability of its homes and landscapes to wildfires; with the Firewise USA designation. It’s now the first Firewise USA designation community in the Lake Tahoe Basin. Read the article……………….
HOA Hall of Shame: Neighbors upset that their cars are being towed from in front of their homes (NV)
Cold. Heartless. Inhumane. That’s how neighbors are describing their homeowners’ association after their cars parked in front of their own homes were towed. This may be the HOA hall of shame’s most shameful story yet. Read the article…………………
Nevada Association Q & A (NV)
Q: I am a member of the board of directors in a common-interest community here in Southern Nevada. A few of the homeowners association board members recently engaged in a discussion about board members and homeownership requirements. One of the members believes, while it is true you can’t run for a board directorship if you’re […]
HOA board president confronted after gun-toting squatter investigation (NV)
Some people living in a condominium complex near the Summerlin Parkway and Tenaya Way say they have no where else to turn after suspected gun-toting squatters took over two units and making life a living hell. 13 Action News first reported the issue in June when some neighbors complained the squatters were causing problems. Read […]
Nobody wants the state to take over an HOA (NV)
Q: How often does the government come in and take over a homeowners association. I’m a board member, and our reserves are underfunded. On paper, for 2020, the total should be $450,000. At this time we have $250,000 but are going to spend most of that ($160,000) to replace the roofing that was installed in […]
HOA personnel records are generally confidential (NV)
Q: Why would the salary disclosure of any HOA employee to any third party (using any means) be less than a full legal activity? Read the Q&A……………
HOA boards write rules to govern drones (NV)
Q: We are having some issues with drones. Can you provide any possible regulations for my homeowners association to consider? Read the Q&A……………
Ongoing lighting problems at condo complex frustrate neighbors (NV)
Neighbors in a condominium complex near Rainbow Boulevard and U.S. 95 say their homeowners’ association isn’t addressing continued problems with exterior lights. Lynda McKnight says the lighting in her complex has been a nuisance for months. Read the article………………
Nevada HOA Q&A
Q: We have as our president on the board who is a retired high-ranking military officer. She is turning our beautiful community into a barracks with no personal touches whatsoever. Even the wreaths are on hangers over our doors, not touching the outside of the building, which, of course, is not allowed. Read the […]
I-Team: Mastermind behind Las Vegas HOA defraud scheme sentenced (NV)
The largest political corruption case in southern Nevada came to an end Friday with the re-sentencing of the ringleader. The scheme focused of seizing control of local homeowner associations and involved dozens of co-conspirators including lawyers, retired police officers, and others. Former construction company owner Leon Benzer will serve 12 more years in federal prison […]
Condo owners responsible for roach, mold problems (NV)
Q: I am a board member of a condo complex in Las Vegas. What should a homeowners association’s policy be on roach and mold issues? Does the master homeowners policy cover this? Should owners and renters be fined for not cooperating? In one building, we have eight units. When one unit has roach and mold […]
Health District gives HOA pool tips (NV)
With the warmer months upon us, it’s time to talk about the pool. The Southern Nevada Health District has some tips for homeowners associations on pool maintenance and safety this summer. Read the article……………..
State law governs HOA elections
Q: Are there any rules regarding the time frame within which homeowners should be provided ballots and candidate information for election of board members? Read the Q&A………………………..
Leaving pedestrian gates open creates liability
Q: We live in a gated community as many people do. Our gates are open to traffic Monday through Friday from 7 a.m.to 7 p.m. However, our pedestrian gates are open 24 hours allowing foot traffic, which can be many people. If one of our residents gets attacked by someone who has gained access through […]
Homeowners are the ones to amend CC&Rs (NV)
Q: I read your column in the Las Vegas Review-Journal on Sundays and I have questions on procedures from our HOA board. My main questions are whether the board can arbitrarily change the covenants, conditions and restrictions from what the homeowner originally signed and not make a documented (and signed off) notification to the homeowner. […]
No quick fix for old irrigation system at condo community (NV)
Q: You emphasized it’s better to water longer rather than more often. But what if that’s not possible? Our small condo community has an old irrigation system with everything watered from the same lines. We irrigate for nearly 24 hours. Less than that and small plants really struggle. Is there anything we can do? Read […]
Clubhouse renovations not in HOA reserve study
Q: Our homeowners association’s executive board used reserve funds to renovate our clubhouse. An examination of the reserve study summary does not show clubhouse renovation as a line item. Can they dip into our reserves to do this, or should there be a special assessment? Read the Q&A…………….
HOA should accept model home landscaping (NV)
Q: I bought a model home more than five years ago; and as you probably know most builders seem to over landscape these homes and usually don’t seem to follow the covenants, conditions and restrictions or architectural review committee. Since I bought the home I haven’t made any changes to the landscaping. Can the board […]
Mortgage Bankers Assn Joins Amicus Brief on Nevada HOA Case
The Mortgage Bankers Association (MBA) joined the American Bankers Association (ABA) and the U.S. Chamber of Commerce in an amicus brief with the U.S. Supreme Court that supports a request by Wells Fargo Bank to review a Circuit Court of Appeals ruling regarding a Nevada statute that gives homeowners association (HOA) “super liens” priority over […]
HOA can set voting procedures for budget ratification meeting (NV)
Q: The ombudsmen’s office has verbally told me that Nevada Revised Statute 116 does not address whether or not a physical presence is required at a budget ratification meeting. This matter (according to the ombudsmen’s office) is determined by other governing documents or the board of directors if the homeowners association governing documents are also […]
Ninth Circuit Denies Motion to Dismiss and Motion to Stay Publication of Decision Holding Nevada HOA Super-Priority Lien Statute Facially Unconstitutional
As we have previously covered in a series of blog posts, the Nevada Supreme Court held in September 2014 that Nevada Revised Statute chapter 116 allows homeowners’ associations (HOAs) to non-judicially foreclose on homeowners who have overdue assessments, which may extinguish a first lien holder’s deed of trust. That holding, as well as the confusion […]
HOAs, foreclosures and property rights (NV)
Your Sunday editorial, “Super liens: What about property rights?” really missed the mark. It was easy for you to make the same mistake the courts are making because that’s how the big money players have set the stage. The banks, the debt collection companies and the vulture investors have framed the issue in the courts […]
EDITORIAL: Super liens – Las Vegas Review-Journal
The Nevada Supreme Court made a major mistake in 2014 when it ruled that home-owners associations could wipe out a lender’s financial investment on certain homes. On Thursday, the justices revisited the matter in similar case and should seize the chance to reverse course and right an obvious absurdity. The controversy stems from a poorly […]
Nevada Supreme Court hears case on real estate crisis foreclosure sales
A case that could affect the validity of thousands of Las Vegas foreclosure sales stemming from the real estate crisis that began nearly a decade ago was heard Thursday by the Nevada Supreme Court. The court is now expected to rule on the question of the constitutionality of the nonjudicial foreclosure process used by investors […]
Revisiting construction-defect law, a year later (NV)
Primarily, AB 125 narrows the definition of “constructional defect” to any defect that causes physical damage to the property or presents an “unreasonable risk of injury to a person or property,” eliminates the mandatory award of attorneys’ fees as a component of statutory damages, sets the statute of repose for construction-defect claims at six years, […]
One View: In defense of HOA rules
On Feb. 14, the Reno Gazette-Journal published a column by Katie Coombs entitled “HOAs vs. ‘kid noise.’” On the surface, it provided a heartfelt rationale why the author felt that homeowners association rules were hindering kids from being outside in the neighborhoods. The explicit example was the HOA rule restricting basketball hoops. Read the article………….
Changes in Nevada HOA Legislation
If you own a home with a mortgage, you already know one type of lien: your mortgage. However, there are other types of liens that can be placed on homes, such as HOA assessment liens. Nevada recently changed its laws regarding HOA assessment liens, and it’s made a huge difference. Read the article…………
‘Can my HOA really do that?’
Whether you love them or hate them, HOAs are common place in the Virgin Valley. Estimates are that one-third of the homes in Nevada are located in HOAs. Read the article…………..
Group that includes rich and famous files suit over condo plans (NV)
A group of Queensridge homeowners with some well-known names has filed a lawsuit over plans to build thousands of condominiums and apartments where the neighboring Badlands Golf Club now sits. Read the article………….
FHFA, Fannie and Freddie File Defensive Class Action in Nevada
In an effort to “avoid the cost and burden of piecemeal litigation” of hundreds of cases in the Nevada HOA foreclosure crisis, the Federal Housing Finance Agency (FHFA), Fannie Mae, and Freddie Mac (collectively, “Plaintiffs”) recently filed a putative class action and motion to certify a defensive class, pursuant to Rule 28 (b)(2) and (b)(1)(B), […]
Most homes sold in Mesquite are in HOAs
More than 70 percent of single family homes sold in Mesquite are in subdivisions managed by a homeowners association (HMO) governed by an elected board. Read the article……….
Be aware of HOA legal issues
Many residents of our valley live in homeowners associations and I am sometimes asked what legal issues those considering a run for the HOA board should be aware of. I generally encourage them to first become familiar with the HOA’s CC&Rs, the HOA’s bylaws, and NRS 116. Read the article……….
Nevada Passes HOA Super Priority Lien Fix
On May 28, 2015, Nevada Governor Brian Sandoval signed into law Senate Bill 306, which will fundamentally alter the HOA foreclosure sale landscape in Nevada. Following the Nevada Supreme Court’s decision in September 2014 in SFR Investments Pool 1, LLC v. U.S. Bank (holding that NRS 116.3116 was a true priority lien and an HOA […]
Nevada ads use humor and a kick in the groin to sway water-wasting guys
Not long after the onset of the West’s deadening drought, officials here saw the enemy, and he was Joe Six-Pack. The Southern Nevada Water Authority determined nearly a decade ago that 70 percent of its water went right into the ground, with no chance for recycling, thanks to an army of indulgent blue-collar homeowners, mostly […]
HOA’s Decision to Remove Pine Trees Makes TV News
Because of severe drought conditions in Nevada, a homeowners association cut down pine trees which, “as they age…demand more and more water,” — 12 times as much per tree “as when they were originally planted,” according to the HOA manager in a story broadcast on a Nevada NBC-TV station Read the article……….
Gavel hangs over housing market (NV)
The Las Vegas housing market is being hobbled by legal wrangling and disagreements over homeowners association foreclosure proceedings that have resulted in thousands of homes sitting empty and untouchable in legal limbo. “It’s a huge issue in Nevada right now,” said attorney Jacob Hafter, the principal of Hafterlaw in Las Vegas. “There are thousands of […]
FHFA Counsel Testifies on Super-Priority Liens in Nevada State Legislature
Alfred M. Pollard, general counsel for the Federal Housing Finance Agency (FHFA), testified on Tuesday before the Nevada State Legislature Judiciary Committee on so-called “super-priority liens” and on recently introduced legislation to amend the way the foreclosure process is handled with regards to a homeowner association (HOA)’s lien. Read the article……….
Sandoval signs bill to reform Nevada construction defect law
Gov. Brian Sandoval on Tuesday signed the first major Republican-backed reform bill of the 2015 session, a measure making changes to Nevada’s construction defect law. Read more……….
Las Vegas HOA corruption trial stays in Las Vegas (NV)
A federal magistrate judge issued a decision Wednesday denying a defense bid to move the homeowners association corruption trial out of Las Vegas. Read more………
State law prevents rental caps in communities
Q: Is there a law that prevents homeowners from renting their condominiums? We live in a condo that we own and this community seems to be turning into rentals. Renters don’t abide by our rules and regulations; I would say it’s the owner’s responsibility to inform their renters of the rules. Our homeowners association was […]
Homeowner has questions about security company
Q: We have a security company that our homeowners association pays and they have logs that I was able to view to determine if they have shown up and are following the board’s orders. Now the board member that has been the liaison between the board and the company has blocked (us) from seeing the […]
HOA fraud (NV) case shows disdain for public access
It’s bad enough when federal judges, federal court administrators and federal prosecutors work together to block press and public access to the justice system. But when defense attorneys come after the media, it’s evidence of systemic hostility to open government. Read more……….
Attorney: State Supreme Court ruling a victory for HOAs (NV)
A Las Vegas attorney Friday said the Nevada Supreme Court gave a legal victory to homeowners associations and their residents when it ruled that “house flippers” who fully paid off liens to quickly sell their investments at huge profits cannot now recoup some of that money. Read more………….
Is HOA’s handling of election ballots legal?
Q: Our homeowners association board members say ballots cannot be counted unless they are sent to the management company ahead of the meeting; is that legal? I usually just hand-carry mine, but they are telling me I can’t do that next week. Read more……..
HOA
Infrequently, I receive a “rebuttal” email from a reader. I received one today from a reader who believes that last week’s column pertained to him and his association. I do not know that for a fact since the original reader whose question was answered last week did not identify the association or its location. Before […]
HOA budget is not final if it’s not ratified
Q: Our homeowners association board approved the 2015 budget to increase dues by 10 percent and institute special assessments each year for the next five years. Read more……
HOA board can accept construction defects settlement offer
Q: For two to three years, our homeowners association has been pursuing a construction defects claim against the original builder. About 1½ years ago, the board asked the owners to vote on whether we wanted to sue the builder. We voted to sue. Last year, at a meeting, the HOA’s attorney said he was entering […]