File a Lawsuit If mediation does not lead to a satisfactory resolution, your attorney may recommend filing a lawsuit. In Nevada, lawsuits against HOAs generally fall under civil court jurisdiction, and the specific claims will dictate the appropriate court for filing.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
Office of the Ombudsman for Common-Interest Communities The Ombudsman's office provides education, informal mediation regarding governing documents as well as investigation of disputes.
Yes, homeowners associations in Nevada can be dissolved. The procedure for dissolving the association may be outlined in the HOA's governing documents, or the board of directors has to approve a motion that will be presented to the members of the organization for a vote.
If a homeowner violates community regulations, the board of directors may implement a fine for each infraction up to $100 each totaling a maximum of $1,000. Fines may be higher for infractions that cause serious damage or pose a safety hazard. If an account becomes delinquent, an HOA may place liens on the property.
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.
There is no specific cap on the percentage by which HOA fees can increase annually in Nevada; however, increases should be reasonable, and advance notice must be provided to homeowners as specified in the governing documents or state law.
In 2014, the Nevada Supreme Court held that a homeowner association holds a senior statutory right to foreclose for unpaid dues, wiping out a lender's deed of trust securing its debt. If the lender held a “first” deed of trust, the name became a misnomer.
Filing a complaint against a homeowners association board member or unit owner Print Form 530, Intervention Affidavit. Send a certified return receipt letter to the respondent detailing your complaint and a suggested resolution. Wait 14 calendar days.