Rules For Condo Owners In Nevada
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FAQ
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.
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.
Nevada legislation dictates that you should have received a copy of your CC&Rs when you bought your home. (If it was a resale, you should have received them as part of your closing package.) If you don't have a copy of the document, reach out to your board or community management company.
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.
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.
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.
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.
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.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
