Restrictive Covenants Without Hoa In Nevada
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FAQ
Without an HOA, the responsibility falls squarely on the shoulders of individual homeowners. If someone's breaking the rules, it's up to their neighbors to notice and then do something about it. That's right; your friendly (or not-so-friendly) neighbors actually have the legal standing to enforce deed restrictions.
No, an HOA cannot technically “force” you to sell your home for not following the HOA rules. However, in an extreme case it could put a lien on your home, and then choose to foreclose on the lien.
Without an HOA, the responsibility falls squarely on the shoulders of individual homeowners. If someone's breaking the rules, it's up to their neighbors to notice and then do something about it.
The Nevada Uniform Common-Interest Ownership Act (UCIOA) falls within NRS Chapter 116. It details the conditions under which common-interest communities can operate. The act outlines rights and responsibilities concerning the management, operation, and ownership of various forms of community associations.
A restrictive covenant runs with the land, affecting successive owners. It will not cease to be enforceable just because it was created a long time ago. However, the covenant may be unenforceable for another reason.
Answer: If there is no homeowner association to enforce the covenants, conditions and restrictions, each of the individual homeowners has the right to enforce them. Because of the time and expense, however, rarely do individual homeowners enforce covenants, conditions and restrictions.
However, the absence of an HOA means that maintenance and upkeep of common areas are the sole responsibility of the homeowners. This can result in a less uniform appearance and potentially lower property values if neighboring properties are not well-maintained.
Arizona courts have confirmed that CC&Rs are a contract between all the homeowners bound by the CC&Rs, so any other homeowner has the right to file a lawsuit to enforce that contract.
Federal and state laws regulate HOAs in Nevada, but it is the Nevada Real Estate Department that is ultimately responsible for maintaining the proper functioning of HOAs and their communities.
Without an HOA, the responsibility falls squarely on the shoulders of individual homeowners. If someone's breaking the rules, it's up to their neighbors to notice and then do something about it. That's right; your friendly (or not-so-friendly) neighbors actually have the legal standing to enforce deed restrictions.
