CHECKLIST OF DOCUMENTS Articles of Incorporation. By-Laws. Notarized undertaking to Change Name of Association and to Comply with. Information Sheet. List of the members of the association with the members' corresponding. Certification as to the existence or absence of any other association in the.
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD.
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.
Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
R.A. 9904 sets forth the rights and obligations of homeowners and associations. Under this law, membership in a duly registered homeowners' association is generally mandatory once a homeowner acquires property within the subdivision or community that the association governs.
SECTION 37. Association officers - Unless otherwise provided in the by-laws, an Association should have the following executive officers who shall be responsible for the management of the Association's business: president, vice-president, secretary, treasurer and auditor.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD. (Rule 2, Section 7, Rules of Procedure of the Human Settlements Adjudication Commission).
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.
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.