This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Hoa Bylaws Template Without In Nevada
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FAQ
The HOA is not allowed to trespass unto private property unless (a) the HOA has an easement to that property, (b) the HOA has been allowed by the owner to do this, or (c) the covenants associated with deed allow this, but this would normally be in the form of an easement anyhow.
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.
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.
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.
Suppose the majority of members vote in favor of the dissolution of the HOA. In that case, a certificate of approval must be submitted to the Nevada Secretary of State. Thereafter, the homeowners association will be considered dissolved.
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.
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.
A quorum of the board should not be using email to discuss or make decisions on association business, and the use of unanimous consent in lieu of board meeting is potentially subject to legal challenge.
In a word, yes. There are certain decisions the board can make unilaterally. On the flip side, there are also some decisions that must go through a membership vote. The limitations of an HOA board's authority differ from one community to another.
A board may take action (vote on a decision) without a meeting. A board meeting is a gathering of the board in a way that the board members can communicate live and in real time.