Property Owners Association Bylaws Within A Geographic Area In Nevada
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FAQ
Homeowners associations and individual inium owners sometimes need to amend their covenants, conditions and restrictions (“CC&Rs”), bylaws, rules, map, or other governing documents to recognize construction of garages, decks or room additions, or to reflect changes adopted by the owners.
While HOAs have a certain freedom from First Amendment restrictions as non-state actors, that freedom has to be applied in a fair manner and should err on the side of allowing owners the right to speak freely amongst themselves.
Most state laws and governing documents require a vote to amend the bylaws and covenants of an association. However, for changes to the operating rules, the HOA board does not typically need to secure a vote from the membership. Enacting or changing a rule usually only requires a vote of approval from the board itself.
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.
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.
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.
At a minimum, removing a board member normally requires the vote of all HOA members. To obtain a valid vote, you must meet all relevant procedures required under your state's laws and in your development's governing documents, including prior notice, special meeting, quorum, and proxy voting requirements.
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.
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.
