HOA group educating residents

By Jeff Pope (contact)

Thursday, Nov. 27, 2008 | midnight

The state office that oversees homeowners associations has set up a series of monthly meetings for board members, residents and community managers to help them understand their rights and responsibilities.

Lindsay Waite, ombudsman for Common-Interest Communities and Condominium Hotels, and education officer Nick Haley said state laws and associations' governing documents can be vague and confusing, often leading to disputes.

Changes to Nevada Revised Statute 116, which governs associations, are likely in the 2009 legislative session, Waite said. The law lacks teeth to ensure communities are governed well.

"This (law) is a work in process still," she said.

The Commission for Common-Interest Communities also will be adopting stricter regulations for community managers and boards and holding them accountable when they fail to follow state law.

"There's going to be a bar that's going to be raised," Commissioner Gary Lein said.

During the first meeting held Saturday at the Sahara West Library, about 40 people attended and expressed frustration that associations don't have enough power to bring residents into compliance with their rules and disappointment that the ombudsman's office hasn't done enough to resolve disputes.

The ombudsman lacks policy-making or police powers. Waite's goal is simply to get the sides talking.

The state Legislature created the ombudsman position in 1997 to try to resolve disputes and clarify state laws governing board meetings, elections and budget requirements. There are nearly 3,000 associations in Nevada.

Since she was hired in August 2006, Waite has been asked to intervene on about 750 complaints. Most are resolved without her or are dropped, she said.

"Neighbor-to-neighbor disputes, homeowners and board disputes — they're not good for the community," Waite said. "We don't take sides in these matters. We're here on behalf of everybody in the HOA."

The majority of issues arise from the communities' governing documents, she said.

The ombudsman office also provides training for community managers, who need to be certified to perform duties such as providing guidance to boards and paying bills for the communities.

There is a shortage of experienced managers, therefore leading to more conflicts, Haley said.

"We have a small cadre of managers that are serving a lot of associations and if you have too much on your plate, you don't do anything particularly well," he said.

Additional meetings are scheduled for Dec. 13 at the Sun City Aliante community center, and Jan. 16 at the Bradley Building, 2501 E. Sahara Ave. Sessions run from 10:30 a.m. to 12:30 p.m. each day.

Jeff Pope can be reached at 990-2688 or jeff.pope@hbcpub.com.