Homeowners’ associations (HOAs) are common in Nevada, particularly in Las Vegas, where planned communities and condominiums dominate the housing market. While HOAs can help maintain property values and community standards, disputes between homeowners and HOA boards are not uncommon. Understanding your rights and responsibilities as a homeowner can help you navigate these conflicts effectively. If you’re facing an HOA dispute, a Las Vegas real estate lawyer can provide essential legal guidance to protect your interests.
Understanding the Role of an HOA in Nevada
An HOA is a governing body that enforces rules and regulations within a residential community. These rules, known as Covenants, Conditions, and Restrictions (CC&Rs), dictate everything from exterior home modifications to parking regulations. Homeowners automatically become members of the HOA when they purchase property in a community governed by one.
In Nevada, HOAs must comply with Nevada Revised Statutes (NRS) Chapter 116, also known as the Nevada Uniform Common-Interest Ownership Act. This law outlines the powers of HOAs and the rights of homeowners, ensuring a fair and legal balance between the two parties.
Common HOA Disputes in Nevada
While HOAs exist to promote order and community harmony, disagreements can arise over a variety of issues, including:
1. Unreasonable or Excessive Fees
HOAs are permitted to collect fees for maintenance, security, and amenities. However, disputes may arise if a homeowner believes fees are excessive, unfairly assessed, or improperly increased. Under NRS 116.3102, HOAs must operate transparently and cannot impose unreasonable financial burdens on homeowners.
2. Selective or Unfair Enforcement of Rules
Homeowners often find themselves in disputes when HOAs enforce rules inconsistently. If an HOA selectively penalizes certain homeowners while ignoring similar violations by others, it may be acting outside its authority. Nevada law requires HOAs to enforce CC&Rs fairly and uniformly to avoid discrimination or favoritism.
3. Improper or Illegal Fines
HOAs can issue fines for violations of CC&Rs, such as failing to maintain landscaping or unauthorized exterior modifications. However, fines must comply with NRS 116.31031, which requires HOAs to provide written notice and allow homeowners an opportunity to contest the fine.
4. Maintenance and Repair Disputes
In communities with shared spaces, disagreements often arise over maintenance responsibilities. Homeowners may argue that the HOA has failed to uphold its duty to maintain common areas, while HOAs may claim that repairs fall under individual homeowner responsibility.
5. Board Mismanagement or Abuse of Power
In some cases, HOA boards act beyond their legal authority, fail to hold proper elections, or make decisions without homeowner input. Under NRS 116.31034, HOA boards must conduct fair elections and cannot restrict homeowners from participating in meetings or governance.
6. Foreclosure Due to HOA Liens
A significant concern for homeowners is the risk of foreclosure due to unpaid HOA dues. Under NRS 116.3116, HOAs have the power to place liens on properties for unpaid assessments and, in some cases, initiate foreclosure. However, homeowners have rights and legal defenses that a Las Vegas real estate lawyer can help navigate.
Homeowners’ Rights Under Nevada Law
As a homeowner in Nevada, you have several legal protections when dealing with an HOA, including:
1. Right to Access HOA Records
Under NRS 116.31175, homeowners are entitled to inspect HOA financial records, meeting minutes, and governing documents. This transparency ensures that the HOA operates fairly and in accordance with the law.
2. Right to Dispute Fines and Violations
Homeowners have the right to contest violations and fines through a formal hearing process. Nevada law mandates that HOAs provide notice of alleged violations and allow homeowners an opportunity to present their case before penalties are imposed.
3. Right to Fair Treatment
Nevada law prohibits HOAs from enforcing rules in an arbitrary or discriminatory manner. If a homeowner believes they are being treated unfairly, they can take legal action to challenge the HOA’s decisions.
4. Right to Challenge HOA Foreclosures
If an HOA attempts to foreclose on a property due to unpaid assessments, homeowners have legal options to contest the foreclosure. Working with a Las Vegas real estate lawyer can help homeowners negotiate repayment plans or dispute the validity of the foreclosure.
5. Right to Participate in HOA Governance
Homeowners have the right to attend HOA meetings, vote in elections, and even run for positions on the HOA board. NRS 116.31083 ensures that homeowners are given reasonable notice of meetings and an opportunity to be heard on community matters.
How to Resolve an HOA Dispute in Nevada
If you are facing an HOA dispute, there are several steps you can take to resolve the issue:
1. Review Governing Documents
Carefully review your community’s CC&Rs, bylaws, and any relevant state laws to determine whether the HOA’s actions are lawful.
2. Communicate with the HOA
Many disputes can be resolved through open communication. Send a written request outlining your concerns and seek a resolution before escalating the matter.
3. Attend HOA Meetings
If the dispute involves board decisions or policies, attend HOA meetings and voice your concerns in a public forum.
4. File a Complaint with the Nevada Real Estate Division (NRED)
If communication fails, homeowners can file a complaint with NRED, which oversees HOA governance in Nevada. The NRED may investigate and mediate disputes between homeowners and HOAs.
5. Seek Legal Assistance
For serious disputes, consulting a Las Vegas real estate lawyer can provide the legal expertise needed to protect your rights. An attorney can negotiate with the HOA, challenge unfair fines, and represent you in court if necessary.
Contact a Las Vegas Real Estate Lawyer
HOA disputes can be stressful and legally complex, but you don’t have to face them alone. If you are dealing with excessive fines, unfair enforcement, foreclosure threats, or other HOA-related legal issues, Baker Law Group can help. Our experienced real estate attorneys understand Nevada’s HOA laws and are dedicated to protecting homeowners’ rights.
Contact us today for a consultation and let us help you resolve your HOA dispute efficiently and effectively.
