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.
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.
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.
Yes, generally speaking. Some HOAs may allow voluntary participation but there are usually amenities or other neighborhood features they'll lose access to by doing that. One way to get around an HOA is to already own your property before the HOA is established or expands to your neighborhood.
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.
Bylaws. The Bylaws of a inium or planned development contain the operating procedures of the homeowners association. These generally include how to call and conduct a meeting, how to vote, how to levy assessments, how to manage association business, and how to keep records.
More important, most inium documents were written by developer lawyers for the primary benefit of the developer. As a board member, you have a responsibility to ensure that owners can live with your condo documents. The declaration and bylaws of your association are your constitution.
HOA Directory: Homeowners can find their community association or subdivision's contact information, list of board members, and other relevant corporate information by visiting the Nevada Business Portal and entering the name of the association in the search field.