Las Vegas homeowner goes to court in fight against homeowners association

Wednesday, Aug. 2, 2000 | 10:32 a.m.

A Bonanza Village homeowner is seeking an order to stop the development's homeowners association and its board of directors from forcing him to join and pay monthly dues to the group.

In a Clark County District Court lawsuit, Cuthbert Mack, an attorney, sued the Bonanza Village Homeowners Association, alleging the defendants' demands violate his "right to quiet enjoyment and peaceful ownership of his property and cast a cloud on the title to (his) property."

The defendants include Bonanza Village Homeowners Association President Jackie Phillips, Secretary Anthony De Marco, Treasurer Patricia Jacobs and Vice President Monty Lockner.

Mack, who said he bought his home at 1420 Sharon Road in 1987 when there were no records of a homeowners association, said he objected to its formation because of its alleged restrictive practices and a possibility that the current monthly dues may escalate because Bonanza homeowners are allegedly being forced to maintain a wall being built by the city of Las Vegas.

Mack said the association and the city allegedly made an agreement in 1998 obligating homeowners to maintain a wall being constructed around the village.

"Insurance will have to be paid on the wall, and that may cause the monthly dues, currently $10, to escalate," Mack said. "There are more than 169 properties in Bonanza Village and we have a petition from over 88 homeowners saying they don't want a homeowners association."

"The association fines people for doing things, acts as another level of government. You have to get their permission to make renovations to a house, how often you cut grass, when the trash gets picked up," he said.

The defendants could not be reached for comment.