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.
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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
Changing Covenants, Conditions, and Restrictions Amending HOA covenants, conditions, and restrictions (“CC&Rs”) involve taking a membership vote and recording the amendment on all Lots or Units within the HOA if the membership votes to approve the amendment.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
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.
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.
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.