Editorial: Additional oversight welcome

Thursday, Sept. 28, 2000 | 9:45 a.m.

In 1997 the Nevada Legislature passed a homeowners association bill of rights, which provided some protection from association abuses and also created an ombudsman's office to handle complaints. While the law was an excellent start in addressing some of these problems, testimony delivered Tuesday to an interim state legislative committee demonstrated that more work needs to be done. As the Sun's Diana Sahagun reported Wednesday, the eight-hour legislative hearing was full of testimony from homeowners who said their associations were acting like mini-governments -- yet without the same accountability -- and were overstepping their power and intimidating homeowners.

It's been estimated that almost 60 percent of Las Vegas Valley residents are members of homeowners associations. Many residents are attracted to these popular associations by the fact that they and their neighbors are bound by strict guidelines, such as rules requiring them to maintain their property. These rules can prohibit motor homes from being parked in side yards or can require that a homeowner's landscape is properly maintained so it doesn't become overrun by weeds. The associations are voluntary, and if a homeowner doesn't want to abide by such rules, he can buy a home not governed under these guidelines.

For the most part, homeowners associations are fair and are run smoothly. Unfortunately, though, there are associations that abuse their authority. In fact, as the Legislature has been told repeatedly, some have assumed powers that they shouldn't have, such as foreclosing on homes. State Sen. Mike Schneider, D-Las Vegas, who spearheaded the homeowners association reforms in 1997, says there is a need for additional oversight. He's right.

The 2001 Legislature should consider one of Schneider's proposals, which would create an independent panel -- either through the governor's office or the attorney general's office -- that would handle homeowner complaints. The Legislature needs to provide more oversight, but it must do so carefully. Legislators need to acknowledge the right of these associations to tailor-make reasonable rules for their members. Additional homeowner protections shouldn't stray so far that they infringe on the right of these associations to protect their neighborhoods.