Tips if being on a homeowners associations board

There are lots of homeowners associations in our valley and I am sometimes asked what legal issues those considering a run for the HOA board should be aware of. I first ask them if they have the time and if they have a fairly “thick skin.”     Read the article…………..

Reading the Nevada Tea Leaves after Shadow Wood

In the wake of SFR Investments Pool 1, LLC v. U.S. Bank, N.A., in which the Nevada Supreme Court held that an HOA foreclosure sale may extinguish a first position deed of trust, lenders have advanced numerous arguments as to why the deed of trust in a particular case survived the sale. One such defense […]

In the ‘Shadow Wood’ of SFR: Nevada Supreme Court Weighs in on Lender HOA Challenges

In a September 2014 ruling, the Nevada Supreme Court jolted the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure is to recover assessments categorized as super priority amounts   Read the article……….

Latest Salvo in the Ongoing Nevada HOA Dispute

The Nevada Supreme Court recently sent shockwaves through the mortgage lending industry when it issued its opinion in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., holding that the foreclosure of an HOA lien could extinguish a prior-recorded first deed of trust. As addressed in our prior blog posts, those shockwaves continue to reverberate […]

HOAs, Super Priority Liens, and Foreclosures Life After SFR Investments v. US Bank

Recently, the Nevada Supreme Court tackled two critical issues: First, whether a homeowners’ association (“HOA”) is a super priority lien on a property for up to 9 months of unpaid HOA dues; and second, whether such lien can be foreclosed upon nonjudicially. These issues were decided in the affirmative in SFR Investments Pool 1 v. […]

Constitutional Clarification for Nevada HOA Super-Priority Foreclosures

Since the Nevada Supreme Court’s infamous decision in SFR Investments Pool 1, LLC v. U.S. Bank, N.A. in September 2014, the mortgage community has continued to fight to save senior deeds of trust from extinguishment due to an HOA’s foreclosure of its super-priority lien.    Read the article…………

Notice me: the new notice requirements for HOA lien foreclosures in Nevada

In a previous blog post, we reported on Senate Bill 306, passed by Nevada Governor Brian Sandoval on May 28, 2015. The legislation redresses the substantial harm caused by SFR Investments Pool 1, LLC v. U.S. Bank, N.A. In SFR Investments, the Nevada Supreme Court held that a homeowners association (HOA) lien is a true […]

Nevada HOA foreclosures cannot extinguish deeds of trust held by Fannie Mae, holds U.S. district court

Yesterday, the U.S. District Court for the District of Nevada issued an important ruling concerning the litigation over whether homeowners’ association foreclosures under Nevada’s super-priority lien statute (NRS 116.3116) can extinguish first deeds of trust when the underlying indebtedness is owned by a Government-Sponsored Enterprise (GSE) like Federal National Mortgage Association (Fannie Mae) or Federal […]

Nevada Senate Passes Bill Affecting Super-Priority Liens in Foreclosure

The Nevada Legislature recently passed a bill intended, in part, to address issues resulting from the Nevada Supreme Court’s decision that a homeowners association lien is a true super-priority lien that, if foreclosed, extinguishes a first deed of trust. We wrote about the SFR Investments Pool I, LLC v. U.S. Bank, 130 Nev. Adv. Op. […]

Nevada court decisions on HOA foreclosure crisis muddy the waters

Since September 2014, the lending industry has been scrambling to understand and reconcile the Nevada Supreme Court decision in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., a decision that could potentially wash away billions of dollars of first lien interests across the state. However, recent decisions from the state and federal courts in […]

Nevada Supreme Court holds that Voluntary Payment Doctrine Prohibits a Party from Recovering Amounts Wrongly Paid to Homeowner’s Association in Order to Prevent Foreclosure

In Nevada Association Services, Inc., v. The Eighth Judicial District Court, 130 Nev. Adv. Op. 94 (Dec. 4, 2014) (“NAS”), the purchaser of several properties at foreclosure sales did exactly what the Nevada Supreme Court suggested in SFR: it determined the amount of the superprioirty owed the HOA, it paid the full amount demanded by […]

Insurer On The Hook To Defend Faulty Construction Claims

A federal judge on Friday ruled that North American Capacity Insurance Co. must defend a contractor against faulty construction claims lodged by a Nevada homeowners’ association, finding that two exclusion clauses in a general liability policy do not apply to the underlying suit.    Red more………

CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]

HOA liens are first in line

On September 18, 2014, the Supreme Court of Nevada issued its decision in SFR Investments Pool 1, LLC v. U.S. Bank,1 in which the court considered the competing priorities of the holder of a first lien and the purchaser of property at a homeowner association’s foreclosure sale. The decision in SFR Investments comes on the […]

Nevada district court bars foreclosure sale of first lien HUD-insured mortgage

Recently, a federal district court held that a homeowners association (HOA) foreclosure sale is not valid against HUD-insured loans. The District Court noted that the Ninth Circuit has held that federal rather than state law applies in cases involving FHA-insured mortgages to assure the protection of the federal program against loss, state law notwithstanding.   […]

Nevada and D.C. Courts Give Priority of Position to HOA Assessment “Superliens” Over First Mortgages

In late August, the D.C. Court of Appeals rendered a decision in Chase Plaza Condominium Association, Inc. v. J.P. Morgan Chase Bank, N.A., CA-5826-10 (August 28, 2014) determining that a homeowner’s association’s (HOA’s) statutory “super-priority” lien, or superlien, for unpaid assessments took priority of position over other liens, including a lender’s mortgage lien. Read that […]

From Good to Great: Principles for Community Association Success

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also cultivate  a true sense of community,  promote active homeowner  involvement and create a  culture of […]

New legislation does harm to HOAs (NV)

I’ve have often thought that there should be a sign above the door as you enter the state Legislative Building in Carson City that reads, “Do no harm.” It was always my thinking that state legislators should be trying to make our lives better. Then I read Barbara Holland’s homeowners association column (“HOA law to […]

How will recent laws affect HOAs? (Nevada)

This is the first of a four-part series of articles pertaining to the new Nevada Revised Statutes homeowner association laws that were passed by the legislature in July.   Read more…..

Las Vegas investors buy HOA liens and then rent out homes

The financial and housing crisis of 2008 has brought about many changes to the housing market. Some have been very good, while others have been bad. It has also brought about new opportunities for investors that did not exist prior to the housing market crash. With so many people going through foreclosure, the demand for […]

Introduction to Community Association Living

Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center for Community Association Volunteers’ (CCAV) Community Volunteer Leadership Development Program – offered online or by […]

So Now You’re On the Board

The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]