Las Vegas Sun

March 28, 2024

Committee advances ‘pro-homeowner’ bill to bring HOA changes

Sun Coverage

CARSON CITY – A bill to curb the apparent abuses of homeowner associations, such as imposing certain fines and prohibiting relatives from staying in an owner’s home, has been approved by the Assembly Judiciary Committee.

“This is a pro-homeowner bill,” says Assemblyman James Ohrenschall, who headed a subcommittee that hammered out many of the changes to Assembly Bill 448. “Homeowners have been very unhappy.”

The bill would prevent an association and a sub-association from each leveling a fine for the same offense on a homeowner, said Ohrenschall, D-Las Vegas. It would prohibit a homeowner association from "restricting the lawful rights of the children or parents of a unit’s owner to have reasonable access to the condo."

And homeowner associations would be banned from charging a fee to an owner for obtaining permission to change the landscaping or restricting the installation and use of a satellite antenna.

The committee scrapped a proposal to require a homeowner to notify the association in advance when bringing a guest, attorney, witness or the media to a meeting.

Assemblyman Tick Segerblom, D-Las Vegas, said homeowners have a right to bring guests to the meetings. Assemblyman Mark Sherwood, R-Henderson, said homeowners have a right and predicted there “is going to be a train wreck,” if that was adopted.

The committee voted to require homeowners associations to provide by electronic transmission copies of the financial information to be discussed at an upcoming meeting of the association. The association can’t charge the homeowner for the information.

There were some objections to providing paper copies to owners who show up at the meeting because of uncertainties about how many people might attend a meeting.

The bill prohibits an association from imposing a fine if a construction project of a homeowner falls behind schedule through no fault of his or her own, such as if a construction company files for bankruptcy.

Homeowners also have the right to speak at association meetings, but there can be a “reasonable time limit” imposed.

A fee, fine or assessment may not be turned over to a collection agency unless the unit owner is 60 days behind in payment .

The bill now goes to the floor of the Assembly.

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