Editorial: Associations should use fair means

Thursday, Feb. 25, 1999 | 12:02 p.m.

Too often the board members who run homeowners associations forget basic principles of fairness. Sen. Ray Rawson, R-Las Vegas, found this out firsthand when he peered into the belly of the beast, attending a recent meeting of the homeowners association to which he belongs.

What particularly upset Rawson was when the board of directors asserted that state law requires 51 percent of an association's members to vote against a proposal, such as an increase in fees, or it automatically goes into effect. This view stands basic democratic principles on their head.

This eye-opener prompted Rawson to comment during a hearing on his bill Tuesday that he felt as if he was stuck on a railroad track. "You can hear the train coming, but there's nothing you can do about it," Rawson said. That sinking feeling has been shared by too many Southern Nevadans in the past few years.

Fortunately Rawson and other state legislators have the ability to level the playing field and make sure that homeowners are treated reasonably. Rawson's legislation would force these quasi-governmental bodies to adhere to the state's open meeting laws, adhere to parliamentary procedures and stop proxy votes. Other legislation advocated by Sen. Mike Schneider, D-Las Vegas, would establish an independent state board that would try to settle association disputes.

Some homeowners associations make the argument that they should be able to do whatever they want because they are private organizations that no one is forced to join. The problem with this line of thinking, though, is that their authority verges on that of the government since they can assess fees and fines. Many associations are run openly and make their communities a better place to live, but the Legislature needs to pass reforms and bring some sanity back to those out-of-control associations that have no respect for homeowners.