Las Vegas Sun

November 30, 2009

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Editorial: Bill strikes balance for homeowners

Thursday, June 26, 1997 | 11:48 a.m.

IN response to an uproar between homeowners and their associations, the state Senate Commerce and Labor Committee has sent a package of much-needed reforms to a full Senate vote.

The committee this week unanimously passed a measure which will provide essential safeguards to homeowners, including a provision to prevent loss of their homes.

This is one of the hottest issues of this legislative session. Homeowners testified they have been intimidated by associations and fined for minor violations. Others said they were too terrified to testify in public against their associations.

The reform package, drafted by Sen. Mike Schneider, D-Las Vegas, would establish an ombudsman's office in the state's Real Estate Division to arbitrate disputes between homeowners and their associations.

Association boards would no longer be able to foreclose on properties to collect fines and penalties for minor offenses could be no more than $50. Association managers also would have to receive training which would be certified by the state.

Another important feature of this bill is that prospective home buyers would be given extensive information on what rights they will lose when they buy a residence in an association. The information should prevent home buyers from claiming later that they were misinformed at the time of the sale.

Schneider's bill will restore some sanity to the ongoing war between homeowners and associations. What was envisioned as an effective way to maintain property values by establishing reasonable rules for maintenance of property in some cases has become a nightmare. Some homeowners have felt harassed by nitpicking association boards and at times disagreements have exploded into full-fledged feuds.

Homeowners have the right to reasonable use of their property. They also need protection from eyesores or junkyards next door that endanger their property values. This bill strikes a proper balance and deserves endorsement from the Legislature.

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