Nevada Court Issues Significant Guidance on the Interpretation of ALTA HOA Endorsements

On October 12, 2023, the Supreme Court of Nevada (“the Court”) issued an important decision in the matter of Deutsche Bank National Trust Company v. Fidelity National Title Insurance Company, No. 84161, 2023 Nev. LEXIS 40 (Oct. 12, 2023), providing guidance on the interpretation and application of American Land Title Association (“ALTA”) and California Land […]

Financial, Physical, & Operational Health: How Does Your Association Measure Up?

In early 2020, our firm was hired to prepare a reserve study for an unremarkable 136-unit, 12-story condominium in south Florida. It was the kind of association you could drive right by without noticing, not much different from all the other high-rise buildings in this coastal neighborhood.  Read the article………………………..

Residential Communities vs. Climate Change: Adjusting to the New Reality (NV)

The reality of climate change is upon us. Weather patterns have changed, and seasons have been altered. We experience more intense heat, more frequent, destructive storms, wide-ranging wildfires, and more destructive cold. Tornadoes—the spawn of conflicting hot and cold air masses—touch down in places they were once almost unheard of. What was scientific prognostication only […]

Association Can Adopt Architectural Guidelines (NV)

The Association was established in 1925 to manage land owned by a local Elks Club. In 1929 the Association began selling individual lots within the subdivision. Since then, the subdivision consisted of both individual lots held in private ownership and common property held by the Association.   Read the article………………………..

Controlling Access to Your Building Keys, Fobs, & Door Codes

Unless you live in Mayberry (and maybe even if you do), chances are you wouldn’t be comfortable leaving your house or going to bed and just leaving your front doors unlocked. Nor would you likely approve of anyone who passed by your home being able to just come in uninvited and roam around unescorted.    Read […]

The Evolution of Property Management: Big Changes in the Last Decade

Like so many other sectors of the economy, residential real estate management has changed and evolved since the turn of the millennium—and like those other sectors, much of that evolution is directly linked to the development and adoption of technology.    Read the entire article……………………………….

Managing Conflict: When Boards and Residents Take Sides

One of the unique aspects of life in a condo community is that a building or HOA is in many ways a microcosm of the larger world outside. It can suffer from the same factionalism and partisan bickering as any political entity, only on a much smaller, more intimate—and therefore potentially more damaging—scale.     Read […]

9th Cir. Holds Mortgagee May Challenge HOA Foreclosure Sale That Violates Bankruptcy Automatic Stay (NV)

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s order granting summary judgment in favor of the buyer at a homeowners association’s non-judicial foreclosure sale that was conducted in violation of the automatic stay in the borrower’s bankruptcy, and against a mortgagee whose interest in the foreclosed property would have […]

9th Cir. Holds Mortgage-Savings Clause Not Enough to Undo HOA’s Foreclosure Sale

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s grant of summary judgment in favor of the defendant homeowners association in an action brought by the plaintiff mortgagee seeking to set aside the foreclosure sale of real property in Nevada.    Read the entire article……………………………….

HOAs vs. Mortgage Lenders (NV)

Nevada’s Homeowner’s Associations (HOAs) have won again in their battle with mortgage lenders challenging Nevada’s super-priority lien law, this time in the United States Court of Appeals Ninth Circuit.   Read the article…………………………………..

9th Circuit Finds HOA Foreclosure Cannot Extinguish FHFA Interest (NV)

The Ninth Circuit relied on the Housing and Economic Recovery Act of 2008 (HERA) in ruling that Fannie Mae’s financial interest in a loan purchased in 2003 could not be extinguished by a foreclosure sale initiated by the property’s neighborhood HOA. This ruling is the most recent case in a number of cases over the […]

9th Cir. Rules in Favor of Mortgagee Defendants in Nevada HOA Case

The U.S. Court of Appeals for the Ninth Circuit recently ruled in favor of the Federal Housing Finance Agency (FHFA), Fannie Mae, and the mortgage loan servicer in a title dispute arising from a homeowners’ association (HOA) lien foreclosure.   Read the article……………………………

New Nevada Decisions Confirm Additional Ways to Satisfy HOA Superpriority Liens

The Nevada Supreme Court again turned its attention to superpriority liens in the first quarter of 2020, issuing two opinions dealing with tenders, i.e. attempts or offers to pay. These decisions outline additional ways that the superpriority portion of an HOA’s lien can be satisfied, offering hope to lenders embroiled in litigation over the continuing […]

The right reasons for raising HOA dues (NV)

A community association’s board of directors is elected by fellow homeowners to make decisions for the well-being of the community, including how the community’s finances are managed.   Read the article………………………….

Law Review: Take care when refusing entry of service animal (NV)

I have written in earlier columns about the importance of honoring a request made by a disabled person for a guide dog, signal dog or service dog. Apparently, a certain homeowner association did not get the message.  A new Nevada case, Sanzaro v. Ardiente Homeowners Association, underscores the point.    Read the article……………………..

9th Circuit Holds Nevada HOA Super Lien Statute is Constitutional and Not Preempted by FHA Mortgage Insurance Program

The U.S. Court of Appeals for the Ninth Circuit recently held that Nevada’s homeowner’s association (HOA) super lien statute is constitutional, overruling its previous decision given new Nevada Supreme Court precedent rejecting the Ninth Circuit’s interpretation of the statute. Further, the Ninth Circuit held that this statue was not preempted by FHA Mortgage Insurance Program.  […]

HOA violates the Fair Housing Act by denying a service animal in the clubhouse

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association. Based upon the facts of the case, the court […]

Nevada Supreme Court Holds CPL Does Not Protect Loan Assignee

The Nevada Supreme Court recently held that the assignee of a deed of trust was not entitled to bring a claim against the title insurance company arising out of the closing protection letter. See PennyMac Holdings, LLC v. Fid. Nat’l Ins. Co., 423 P.3d 608 (Nev. 2018). In the case, a title agent issued a […]

Nevada Courts Provide Additional Guidance on HOA Super Priority Lien Law for Lenders

As we’ve discussed on this blog before, Nevada’s courts remain a battleground for lenders seeking to establish that their security interests were not eliminated by homeowners’ association foreclosure sales under NRS 116. In recent weeks, the Ninth Circuit and Supreme Court of Nevada have issued new opinions providing more guidance to ultimately resolve those issues. […]

HOAs may be able to resolve neighbor disputes (NV)

I wanted to take some time this week to talk about how to handle neighbor disputes in our communities. Our homeowners associations can no longer ignore these situations. When neighbors are having a dispute with each other, community managers often will direct them to settle it among themselves or involve a mediator if necessary. But […]

Continuing Developments in Nevada HOA Lien Litigation

Recently, in Nationstar Mortgage, LLC, vs. Saticoy Bay LLC Series 2227 Shadow Canyon, the Nevada Supreme Court issued a decision following a line of cases stemming from the analysis in SFR Investments Pool, LLC vs. U.S. Bank N.A., which holds that non-judicial foreclosures by homeowner associations (HOAs) can extinguish a first deed of trust. In […]

Summertime is almost here; is your HOA playground ready?

By now, homeowners associations and their community managers have discussed the recent $20 million award against an association for failure to eliminate playground hazards. According to insurance companies, the majority of playground injuries stem from falls or impact with climbers and swingers. Fatalities occur because of strangulations and elevated falls.  To eliminate playground hazards requires […]

What to Expect From Your Community Management Company

What do board members really want from their HOA management company? As it turns out, the answers are pretty universal. We survey our client board members on a daily basis to better understand what they want from a community management company. Based on thousands of responses we obtain over the course of a year, board […]

Nevada High Court Rules That Homeowners Association Can Pursue New Purchaser Claims Under Original Chapter 40 Rules

The Nevada Supreme Court has found that homeowner associations have standing to pursue “representative” claims on behalf of any new purchasers who bought their units after the association had already initiated its lawsuit. In High Noon at Arlington Ranch HOA v. The Eighth Judicial District Court of the State of Nevada (2017) 133 Nev., Adv. […]

Nevada’s Clarification Regarding a HOA’s Representational Standing

On September 27, 2017, the Nevada Supreme Court issued a decision clarifying the prior version of NRS 116.3102(1)(d)1, under which numerous construction defect cases are pending in Nevada. NRS 116.3102(1)(d), at the time the Complaint was filed, allowed homeowners associations to pursue construction defect claims on behalf of their members. In High Noon2, the Nevada […]

Nevada Supreme Court Rules HOA Super-Priority Liens Can Be Revived after Release

Homeowners’ associations have a more robust tool for forcing mortgage lenders to pay delinquent assessments following a September 14 decision by the Nevada Supreme Court. Nevada HOAs have enjoyed a super-priority lien under NRS 116.3116 for nine months of unpaid assessments preceding institution of foreclosure proceedings, in addition to certain charges for maintenance and nuisance […]

More new laws that affect local HOAs (NV)

This is the second column in a three-part series about the recent state laws that will affect Southern Nevada homeowners associations.  These laws were passed during the 2017 legislative session and will have an impact on our HOAs.     Read the article……………..

Several new laws affect local HOA boards (NV)

This is the first in a three-part series that covers new laws affecting Southern Nevada homeowners associations.  It’s that time of year again to review the new Nevada Revised Statutes 116 laws that impact our associations. There will be a series of articles over the coming weeks. Many of these new laws will require associations […]

9th Cir. Holds Federal Foreclosure Bar Preempts Nevada HOA Superpriority Statute

The U.S. Court of Appeals for the Ninth Circuit recently held that the Federal Foreclosure Bar’s prohibition on nonconsensual foreclosure of assets of the Federal Housing Finance Agency preempted Nevada’s superpriority lien provision and invalidated a homeowners association foreclosure sale that purported to extinguish Freddie Mac’s interest in the property.    Read the article…………….

How to deal with rude neighbors and handle residential conflicts (NV)

Whether it’s a rowdy family with a penchant for playing polka in the wee hours or a bachelor too busy with Tinder drama to tame the shrubs, some neighbors just drive you nuts. Dealing with them can be frustrating, but there are plenty of avenues for resolving issues. From municipal agencies to mediators, here are […]

Nevada Supreme Court rulings favor HOAs

The state Supreme Court on Thursday issued two rulings bolstering homeowners associations’ ability to sell houses through foreclosure.  Nevada’s highest court unanimously ruled that a 2014 decision upholding HOAs’ ability to foreclose ahead of mortgage lenders can be retroactively applied to foreclosures that took place before that ruling.  Separately, the seven-member panel also unanimously reversed […]

Nevada HOA Super-Priority Litigation Update: Nevada Supreme Court Rules in Favor of Lenders on Standing Issue

The Government-Sponsored Enterprises (GSEs) and their servicers scored a significant victory last week in the Nevada Supreme Court. In Nationstar Mortgage, LLC v. SFR Investments Pool 1, LLC (Case No. 69400), the court held that mortgage servicers have standing to assert, on behalf of the GSE investor, that the Housing and Economic Recovery Act (HERA) […]

Carefully review CC&R before purchasing a home with HOA

It wasn’t too long ago that a California Court ordered a man to pay $70,000 for violating a homeowner association (HOA) rule limiting the number of rose bushes he could have to 14. The HOA levied fines against the man and he ultimately lost his home.  Whether you love them or despise them, HOAs are […]

The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional (NV)

The Ninth Circuit sent shockwaves through the mortgage industry when it held that NRS 116—the statute allowing an HOA to impose a nominal super-priority lien that can extinguish a senior deed of trust when foreclosed—was facially unconstitutional under the Due Process Clause in Bourne Valley Court Trust v. Wells Fargo Bank, N.A. In Bourne Valley […]

Nevada Supreme Court ruling upholds nonjudicial foreclosure process

The Nevada Supreme Court ruled Thursday that a nonjudicial foreclosure process used by investors and speculators to acquire HOA properties at bargain basement prices during the great recession does not violate the constitutional protections of original mortgage holders.  The court found that the process does not violate the Takings Clauses of the U.S. and Nevada […]

Bourne Valley Redux (Superiority of title) (NV)

The dispute between lenders and the purchasers at homeowners’ association foreclosure sale regarding superiority of title has embroiled the State of Nevada since at least as early as 2012. Since the issue rose in volume and prominence in Nevada, major decisions from both the Nevada Supreme Court and various federal district courts have both clarified […]

Ninth Circuit Issued Ruling in Bourne Valley Court Trust v. Wells Fargo Bank, NA (NV)

Last week, the Ninth Circuit held, in Bourne Valley Court Trust v. Wells Fargo Bank, NA that Nevada’s super-lien priority statute, NRS § 116.310, prior to certain amendments enacted in 2015, was facially unconstitutional.  Nev. Rev. Stat. 116.3116 establishes that liens resulting from non-payment of homeowners’ association (HOA) have priority over other secured liens for […]

Nevada Fed. Court Denies Class Cert. on ‘Ascertainability’ Grounds, Confirms Fannie/Freddie Liens Not Extinguished by HOA Foreclosure

The U.S. District Court for the District of Nevada recently confirmed that a homeowner association’s foreclosure of its superpriority lien cannot extinguish a property interest of Fannie Mae or Freddie Mac while those entities are under the Federal Housing Finance Agency’s (FHFA) conservatorship.  In so ruling, the Court also denied class certification, holding that the […]

Nevada Supreme Court Accepts Certified Question in HOA Lien Litigation Case – Should the SFR Decision Apply Retroactively?

We previously reported on the Nevada Supreme Court’s decision in SFR Investments Pool 1, LLC. v. U.S. Bank, N.A., holding that a homeowners association (HOA) lien is a true super-priority lien that upon foreclosure extinguishes a first deed of trust. This decision came as a surprise to many, including the district court judges who sharply […]