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Monday, Feb. 27, 2012 | 2:03 a.m.
Dear Reader,
You’re accustomed to seeing letters to the editor. Well, this is a letter from an editor. I’m Matt Hufman, and I handle the opinion pages of the Sun. I and other journalists at the Sun are going to start writing to you regularly. We hope to start a conversation about topics that matter to us in Southern Nevada. We’ll also share your comments and observations and point you to some interesting opinions, thoughts and stories along the way.
We’re starting with a subject near and dear to the hearts of Southern Nevadans: homeowners associations. On Wednesday, columnist J. Patrick Coolican will write about HOAs, and we’d love to have some of your opinions before then.
This is passionate subject for many homeowners, but love them or hate them, HOAs are a part of the fabric of society here in Southern Nevada. There’s no doubt they play a major role in life, taking over what might normally be government functions. (Is it odd that in a place that has such a libertarian spirit, HOAs proliferate? Or is that natural, given they are a form of self-governance?)
When my wife and I bought a home, we found ourselves paying heed and dues (though mostly dues) to two HOAs.
You haven’t lived until you have two HOAs and their agents patrolling your neighborhood. These are not the types of patrols that might, say, catch the people who have broken into our cars. But they can sure spot those weeds alongside the house. Or a car parked on the street after 10 p.m. But the gate at the entrance of the neighborhood can hang broken for days.
Go figure.
But enough of my kvetching. To be fair, there are benefits of living in an HOA. My neighborhood is relatively quiet, weed-free and pretty tidy (with all the houses painted in those delightful shades of HOA-approved beige). And I haven’t seen any of my neighbors disassemble a car engine on their front lawns, as I have elsewhere. There’s nothing quite like the smell of carburetor in the morning, is there?
Anyway, that’s a bit of my story. What’s yours? Do you live in an HOA? Do you like it, hate it, tolerate it? Do you participate in board meetings? Does your HOA help you? Or do you care?
Would you send me your thoughts? You can send it in the form of a letter to the editor (letters@lasvegassun.com), a comment on the website or just a note to Letters to the Editor c/o Las Vegas Sun, 2360 Corporate Circle, Third Floor, Henderson, NV 89074. Or fax: 383-7264. If you’re sending emails, be sure to put “HOA story” in the subject line.
The Sun will print a sampling of the comments that come in, and hopefully, we can have a discussion about HOAs.
I look forward to your thoughts and comments.
Best,
Matt
Matt Hufman is the assistant managing editor of opinion.
Because of the nature of developments in Southern Nevada and elsewhere which include common areas for pools and other recreational facilities,guard gates and even private streets it is essential that some type of management structure is provided to maintain these common facilities for the community at large. I have served on the board of directors for four of the six years that II have lived in our existing community in Aliante. one of the important challenges as a board member is to always try to weigh the best interests of the entire community against the interests of vocal but minor interest groups in the community, such as the pool gang. another challenge is to conduct yourself as a board member in accordance with subpart 116 of the Nevada Revised Statutes, that part of Nevada law set apart for HOAs. board members who are insensitive to the law and the rights of unit owners stumble into serious problems and create serious difficulties in the community. It can also be said that all board members are volunteers who are expected to leap tall buildings in a single bound.
Mr. Jack makes some valid points in his comment. Common area upkeep is one of them. Any prospective home buyer should take the necessary paperwork regarding HOA do's and dont's to a qualified attorney for review, prior to purchase of the home. "Buyer beware" is relevant whether your prospective home is in a HOA controlled neighborhood or not.
It really comes down to selecting members of the Board of Directors, If you have board members that are motivated by the opportunity to throw their weight around, you would end up with "yard nazis" who will suddenly decide to label a gas barbeque in your carport as "clutter" even after its been there for ten years. On the other hand, you may be fortunate to select people who have a genuine interest in the community and the maintenance and improvement of common facilities.
My best advice is to read the Nevada Statutes (NRS 116) and know your rights as a homeowner. If you don't like the culture in your community, go to the Board Meetings and challenge it. If that doesn't work, consider being a candidate for the Board of Directors and change that culture from within.
Matt,
I have lived in Heritage Estates development in Peccole Ranch since 2004. My home and neighborhood were built in 1991 and both are still beautiful. Why? The HOA.
I also lived in Northridge California from 1985 to 2001. I had a nice home built in the 1950's with a beautifully landscaped front and backyard which I meticulously maintained. Two doors down was a house that was an eyesore, needed paint, lawn dead, fense falling down, etc. That house brought the value of my home down and ruined the nice look of my neighborhood.
HOA's can be abusive and a general pain in the neck and some are, but if you are someone who wants his or her neighborhood to look much like it did 20 years before, HOA's are the only way to go.
If you want the freedom to maintain your home or not, paint it any color you want or not paint it, to allow your lawn to die, to disassemble your car in the front yard, etc, then when you see a neighborhood with an HOA, run the other way as fast as you can.
Michael
Ours goes way overboard. I have one or two weeds and get a nastygram that threatens me with major fines and to take away my house. While other homes in the neighborhood are so overgrown with tree branches over the sidewalk and ground cover plants covering half the sidewalk one must walk in the street. A cop wanna-be writing the paper. Yet things remain the same month after month. I don't know what my monthly dues are put towards. I went to the meeting but they don't want to hear anything because they have made up their minds before I even get there. As far as I can tell, we could do without and have the same results. I thought I purchased my house but it seems I bought my house for them.
HOA's are a necessary evil, sadly, especially now with the huge volume of home foreclosures and vacancies in Nevada. The challenge for these HOA's, and their members, is to keep the fees and fines reasonable as the communities age and require more maintenance and upkeep.
Carmine A. DiFazio
The problem with HOA's is the inevitable corruption. They always start out with clean books and helpful volunteers, and within a few years they are being run by power-hungry little tyrants with their fingers in the cookie jar. These small-minded despots have learned there is easy money in fining homeowners for trivial or made-up problems. Finding people like that to run your HOA is easy. It's getting rid of them later that is hard. Such people are supported by a system that is so corrupt, it is virtually impossible for a homeowner to fight back on any level. If you get fined for something ridiculous or imaginary, don't expect to find justice through any of the established channels. The courts, the Real Estate Division, the Ombudsman, lawyers, mediators and politicians will not help you. All that will happen is you will get tangled up in the system, and you will pay and pay and pay.
HOA's are needed due to the nature of this town of transient living, investors and more. Without the HOA neighborhoods would not be as well maintained as some neighbors just believe a blank front yard with no plant life is easier on their life while bringing down the values of neighboring properties. A community is a shared collective of all neighbors being responsible and it is a shame that it needs to be managed but no other choice.
For Diana who is a starch outspoken person against HOA's she has yet to prove 3000+ cases of seperate corruption as she says it is inevitable. With over 3000 HOA's yes you will find problems, but as a sampling I bet you the corruption level is less then our local and state government here in Nevada. I bet you this is because it is the closest form of democracy to the people.
It is so sad to know that there are people who pay good money to have someone else tell them how to live. I can see the need to pay for upkeep of common areas (hmmmm, sounds socialistic). But there are codes on the books and people we pay with our tax dollars to enforce those codes. They have the ability to make people clean up their yard, to make sure they are not operating a curbside auto repair business (btw Huffman, carburetors don't smell, gasoline does). I believe part of the problem with the sheeple who live with an HOA is that they are too lazy or meek to confront those problems. Mr. Casler, did you ever talk to your neighbor about cleaning up their property? Did you ever file a complaint with code enforcement? Right, I thought so.
To pay money to have a busy-body tell me I have a weed in my yard, to tell me what color I can paint my house, to tell me I can't park on the street after 9pm? Get bent.
Channel 13 news and Darcy Spears have done a yeoman's job in keeping offensive and abusive HOA practices and people in the public spotlight for scrutiny and reform.
Annual audits of the HOA's finances should always be part and parcel of the HOA's management oversight.
Carmine A. DiFazio
The worst thing about HOA"s are not the horror stories from current residents.
The worst thing about HOA's is that they ensure that the terribly built and conceived communities that went up in Las Vegas during the boom will exist in perpetuity.
We will be stuck with these boondoggles forever and Las Vegas will never be able to adjust with the changing times.
Thanks builders, planners, and local government. You have frozen in time the worst period of house building in human history.
The greatest problem I see with an HOA is the duplicity of being taxed twice. Beyond the visual of a clean, neat neighborhood lurks the underground complex of sewers, water and power lines that the HOA must one day be ready to pay for.
HOAs are just a microcosm of the community in which they exist. As in the country at large, over time the most vocal minority will be the ones on the board imposing their views on the rest of us because the rest of us won't bother to vote.
I've lived in HOAs that have run the gamut from kibbutz (a commune) to Boss Hogg vs. the Dukes (of Hazzard).
The opportunity for criminal activity is rampant under the current Common Interest Community laws in Nevada. There is little if any State oversight. Calling the Ombudsmans Office is a joke. We have seen first hand with management company owners giving sweetheart deals to sham companies owned by their spouses (Platinum Community Management, Vistiana, etc.). Homeowners are ripped off at every turn.
Elections are not conducted in a legal manner, votes are padded and the same gang of characters tends to run the places year after year, covering up past ill-doings.
Making up rules to accomodate certains friends of the board members and the members themselves is common until an aware homeowner calls their bluff.
My HOA (Platinum - now defunct) actually had the audacity to send me a bill for $300 to change the name on my file. They backed off after questioning.
And if you dare question any of this they bring out the attorney that we are paying for with our monthly 'dues' to tell you to sit down and shut up and threaten you with fines.
The only benefit to an HOA is that none of the houses in my development are painted purple. As if the value could go down any more, they say they have rules to protect our home values. So much for that.
Matt, Make sure your article differentiates between single family HOA's and Condo-Townhome HOA's. They are two different animals. Our HOA has about 30 deadbeats that haven't paid their regular assesments for years now. BUT when their common roof leaks, the HOA must repair it. Succinctly, the deadbeats are getting a free ride, and by NRS 116, we're forced to repair their leaking roofs.
Also be aware of what I call "The crazies" writing to you. They are self appointed lawyer wannabees who challenge everything the board does. These people always question every action as if we purposely want to spend money like drunken sailors. By law they have the right to question, but their constant accusatory tone gets old after awhile.
Having served on a Board before I can tell you I spent a lot of time throwing water on the BoD "Nazi's" who's sole goal in life is to make other people live the way they think it should be lived. You know the type. The little people who've accomplished nothing in life and now this is their day in the sun.
Understand that most BoD's of HOA's have to deal with the owners in multiple ways. Some owners want to be left totally alone. Others demand that we find out and control all activities in every household. Still others want us to be moral directors with letters received demanding what we're going to do about the owner of Unit 3 who is sleeping with the Owner of unit 8.
So truly find out what BoD lives are like before you go into a tirade about 2 or three renegade HOA Director groups.
HOAs did not seem to save property values in Clark County at all.
Little boxes on the hillside,
Little boxes made of ticky tacky,
Little boxes on the hillside,
Little boxes all the same.
There's a beige one and a beige one
And a beige one and a beige one,
And they're all made out of ticky tacky
And they all look just the same.
My second home I owned belonged to an HOA. I was told, it was an informal group, minimal restrictions, an easy place to live, and low monthly fees. For the first 2 years, this was true. Then the board changed. Everything went downhill from there. Strict rules were enforced, patrols of our neighborhood, ridiculus complaints and threats of astronomical fines. As has been said in other posts, they seem to be out to protect their own clique of homeowners. It got so bad, I even called the police to question what they had told me. Seems the HOA was making rules up. I was well within the laws of the city of Henderson. I confronted the president of our association, wound up getting in a huge verbal altercation on the phone. My wife thought I was going to have a stroke, as upset as I was. Shortly thereafter we sold our house and moved. 3 weeks after we moved, we received a letter in the mail about stuff accumulated on the side of our old house. I called and told him it wasn't our stuff, we had moved. He claimed he didn't know, I claimed bull***. I signed paperwork when we sold the house notifying them we were no longer the owners. On top of that, he knew we were selling/sold, because of his daily inspection drives through the neighborhood. As I told our city councilwman, obviously we were still on the "just f*** with me list". Glad we are away from there. My new house has an association. 2 rules. 1. Maintain and preserve the rural lifestyle. 2. Follow the rules of the City of Henderson. What a nice was to live!
The rule of thumb I see is the people that are not happy are the people that don't get involved. They claim corruption, without full proof, yes there is some in isolated organization but not all as there is some in all forms of government. Look at our Clark County commissioners serving jail, city officials and state leaders called in front of committees questioning their votes. It happens in all forms of governance and you need to look at it in comparasion to the bigger pictures.
Look who is complaining and look at their validity of their complaints before you report on them. I have seen so many one sided reports against government and HOA's. Reporting is no longer about finding the truth but about sensationalizing for ratings.
The call things some people call nasty grams when I get one it says please be aware and please correct. Does not yell or threaten if I take care of the things I am suppose to maintain in a timely manner.
It is all in how someone perseves things and how much someone is willing to be active. They complain about their boards but meanwhile they are there neighbors and fellow homeowners elected by their fellow neighbors and homeowners. How much more democratic can you get. It only fails when the community fails to be envolved.
Our community runs social events and other things that get people to know their neighbors. I see many benefits and would not give it up.
I have experienced both: living with an HoA and without. Despite the HoA's judgements on what was 'appropriate' or not, I had little issue with them. I wish they was more transparency so we could see exactly what our HoA dues precisely pay for
Living without an HoA can be a nightmare. In my neighborhood we have one household who parks their cars all over the cul-de-sac even though their own driveway is empty (as well as the space in front of their house), they have never weeded their yard, they killed the sprinkler system in the front of their house so anything they try and 'plant' dies. I seriously doubt the interior work has been done by a licensed contractor. They have had a broken window on the front of their house for 3 years. We also get to enjoy their 3 little, yappy dogs that bark every second they are outside.
We also have tractor trailers that use our surrounding area as a parking lot.
Bottom line, as long as the HoAs do not exhibit hubris over you and your property, they are the way to go
IT depends. Unfortunately I live in a HOA where the members were bullied in school and are now taking it out the residents. They waste postage by sending out letters the minute a weed pops up. They recently spent capital funds without authorization of the residents. We also have over 100,000 in our account for a development of 278 homes. They refuse to lower assesement from 15.00 a month to 5.00 month. The president has bullied a former board member with a lawsuit, and on on on. They need to have the guidelines for HOA reworked. The dicatorship regime concept really doesn't work in a city with high unemployment and foreclosures.
I work for a property management company and have worked on three conversion (apartments to condos) properties here in Las Vegas. All I really have to say on this subject is that HOA's are a necessary evil.
If people were thoughtful towards their neighbors and the community they have chosen to live in then there wouldn't be any use for them. But, unfortunantely that "Libertarian spirit" I find, is just an excuse to do as you selfishly damn well please and everyone else can go to hell. It's a "me first" attitude and is a constant source of problems on every property I have worked on especially when it comes to renters.
One of the problems here in Las Vegas is that alot of these properties are "invester owned" and alot of these investors don't care one bit about the overall property they have bought their unit in as long as a check is coming in from a tenant for their particular unit. They don't do their due diligence in background checks which leads to all kinds of issues like dope dealing, prostitution, gangs, crime of all sorts including armed robbery and murder. I have seen all this on the properties I have worked. Not to mention just an overall uncleanliness of a property with trash just being tossed everywhere.
If the properties that I have worked on didn't have strong HOA's and a good property management company these properties would be ugly, nasty hellholes within a month, there is no doubt in my mind.
Once again people calling people that were elected dictatorships. I hope that Matt Hufman looks at this closer as people need to run for a board and people need to vote in their elections.
Without community envolvement yes people that are bad can run the community, but a little caring of your community and a HOA could be the best thing. Yes you will always find some percentage that will never be happy, but to say that their is dictatorships is just an all out lie.
This is the 1st time I've had to live in an "HOA Property"...can't say I like it, but I don't hate it. Yes, it has its advantages..people can't work on their cars on their front lawn, nor can they paint their house purple. That being said, I don't like the restrictions..in order to replace a tree on my front lawn (that goes dormant every winter, thereby having a crapload of leaves all over the place), I have to ask permission from not only the HOA board, but 6 of my neighbors (2 in front, 2 in back and one on each side of me) just to plant a tree that would look better and not create a whole set of leaves. Yeah, go figure.
I also have found I don't talk alot to my neighbors in an HOA as I did when I lived in a "normal" neighborhood. Not to mention I trusted my neighbors in my old neighborhood more than I trust them here in an HOA. Again, go figure!
All that being said, I can't wait till we move and into a "Non-HOA" property...
If Las Vegas was like Omaha, Nebraska (stable, Midwestern nice, respect for your property, respect for your neighbors, lawns maintained, 1 family per home, no fuscia shutters, etc.) you probably would not need HOA's.
They are a necessary "evil" in Las Vegas. Now even more so with investors snapping up properties and renting them to any warm body. If you're a person who is a non conformist by nature, don't buy in a HOA neighborhood. Go to the meetings, get involved if you're not happy the way they are run. Be a voice. I sense a lot of people just like to complain. My experience has been that non HOA neighborhoods always have a few eye sores that bring down the whole neighborhood.
If you want to paint your house orange, buy in North Las Vegas. There are plenty of neighborhoods in that area that will cater to your whims.
Part 1. Common interest communities can be of significant benefit if the operting guidelines are rational and simple enough for all. This isn't necessarily the situation here in Nevada. I have resided within HOA's for forty plus years. As a past president of two homeowner associations and currently the treasurer of one, each year I see the list of legal requirements for executive boards grow. There are hundreds of pages. Much of this growth is lacking in common sense and without merit. Sometimes these changes represent complete reversals of prior requirements. Many times they seem to have been written by a special interest and beneficial only to their view, not the community at large. I am advocating for what I feel are necessary and reasonable changes to NRS 116. Thank you in advance for your consideration. Not all Common Interest Communities (HOA) are created equal but NRS 116 mostly treats them like they are the same. Today there is little statutory differentiation between small HOA's with limited resources and large HOA's with significant resources including staff and volunteer committees i.e. 300 homes v. 3,000 homes but there should be a clear difference when it comes to how they are being asked to operate on a daily basis.
The current statute NRS 116 falls short with regards to recall elections. Multiple recalls are not limited by time or by number. It does not adequately address the number of petitioners required. By stating 10% or less (NRS 116), a 3,000 unit HOA may need 300 signatures but a 300 unit HOA with a 5% limit in their CC&R's only needs 15 signatures for a recall petition. Recalls may be conducted without any reason given. While this may work for government officials, HOA's are private not-for profit corporations and the "accused" should be granted the right to defend against what they are accused of and not have to fend off scurrilous letters. Too many HOA bylaws are cookie cutter creations. If they were all well thought out this would be a good thing. They are not. These bylaws all over the map. With a 66 2/3rd's requirement to change our bylaws it is next to impossible to change them no matter how justifiable and rational the proposed change. This is especially true when twenty or even forty percent of the HOA is bank owned. Banks don't care and they don't vote. Every non vote is a no vote. This needs to change so that homeowners must opt-in to defeat the proposal not abstain thus casting an automatic no vote. A 128 home HOA such as mine with a 5% petition limit allows the same 7 homeowners to submit repetitively a recall petition for any number of Board members every week or month. This costs associations money and wastes a great deal of time for everyone. The statute need to change to a petition minimum of 10% or more and not more than two recalls for the same person in a calendar year.
Part 2. 5. Large scale HOA's have the luxury of paid staff, volunteers and a far greater economy of scale than small HOA's. Prohibiting executive boards of small HOA's from conducting closed but audio taped non-voting workshops results in ever more executive board meetings, increased costs or apathy while suppressing any desire to serve from those who are highly qualified. This aspect works great for the profitability of association management companies but not cost control for the HOA. It is difficult enough to find qualified Board members in a small HOA let alone a staff of paid or unpaid volunteers to help sort out issues and problems for the executive board.
6.Association management companies need to change their accounting methods and reporting such that HOA's are able to establish actual month by month budgets (little water and landscaping costs accrue during the winter) and actual monthly dues income should also be reported as actual and not just "accrued." 7. Any letters sent to an owner stating that they are in arrears should at a minimum state what their future cost(s) may be if they do not comply -- i.e. "should the HOA find it necessary to place a lien on your property by (date or timeline) the cost to you to clear this lien will be $XXX and payable to ___________." The letter should also contain a copy of the HOA's collection policy. 8.The Ombudsman's office has no teeth so attorney's living in HOA's, especially small ones, can wield a big stick. They can sue almost without financial impunity and rightly or wrongly the HOA spends a lot of money and time either directly or indirectly defending, even when they offer to settle. This aspect needs a lot of work. Consider raising the annual support fee from $3 per house to $6 and staff administrative law judges in the ombudsman's office to resolve legal issues before they move up the chain. 9.Gated communities by virtue of a gate must provide maintenance and incur significant costs that are normally covered elsewhere by property taxes. This is clearly double taxation just for the privilege of having a community entrance gate. As a result, local government distributes the cost savings (tax reductions) across the entire population while the gated communities receive no additional financial benefit. The taxing authority benefits from no street maintenance costs, the developer benefits as a result of reduced standards like no sidewalks, narrower streets, more space to build homes and then up-sells the gated community aspect as if it added real security.
Part 3. 10.Any Executive Board should be allowed to align their annual election with their fiscal year without a vote of the owners or a change to the CC&R's. 11.New Board members are required to take short course soon after they are elected. This works great for large associations who just might have attorneys and many other well educated Board volunteers. Smaller HOA's are lucky if they can get anyone to run for a board position and it's even more difficult getting people to participate either on a committee or attend meetings. Yet the legislature wants to treat a 128 home community as if it had 1,000 homes. This doesn't work. Somehow the legislature believes that an association manager fits the bill here. Really? The management company is not allowed to give any advice (take on the mantel of expert) especially if it is a legal issue. So if you are a 128 home or 1,000 home community the attorney will charge the association the same but the homeowner cost distribution is far different. All this could be done much better if the ombudsman's office had teeth -- see item number eight.
HOAs remind me of Student Council in high school, except they can get really mean if they want to.
The problem with HOAs in Las Vegas is four-fold.
First, they are indictment of our local society. Before HOAs, people had to talk to their neighbors. They had to work out their differences. They had to understand each other and come a common agreement. If it is more desirable to pay dues and rely on anonymous enforcement from a property management company than talk to your neighbors, then be prepared to face the problems that causes.
Second, the possibility of abuse, through unmonitored elections, unregulated business agreements, and punitive actions outside the judiciary process. Greed and the lust for power over others appear to be downfall of many HOAs.
Third, HOA offer very few services. HOAs should use the buying power of a collective community to offer discounts on lawn services, pool services, and other means of improving the neighborhood. If everyone had an inexpensive lawn service, the weed issues would never exist.
Fourth, with increasing number of rental homes located in HOA neighborhoods, we now have regulation without representation. As a renter, you can vote for a city council person, but not for the local HOA president. How are residents treated when only the property owner has voting rights within the HOA? How do out-of-state owners enforce HOA rules for their tenants? Do out-of-state owners vote in HOAs elections? How would they know which candidates represents their interests the best? Could out-of-state owners dominate an election causing a majority out-of-state board to run a local HOA?
HOAs should be for the betterment of the neighborhood, not just a means to find fault with each other.
If you don't like HOAs, then don't move into a neighborhood that has one!!!!
You have a choice!!!
Been there, done that. Do NOT like HOA's. I've seen where courts have held the HOA's CANNOT dictate paint colors--but then you may have some legal fees to explain it to your HOA. I have seen courts uphold age restrictions. My current HOA is not worth the cost--we all pay more-than-market rate for the cable tv and do not even get HD for it. With a few neighbors in foreclosure and bankruptcy the rest of us pay higher dues to subsidize. Some day we should recoup the costs but not when we have to pay dues so a CARETAKER COMPANY can make a profit and p;ay their staff to take our phone calls..... RIDICULOUS. Vegas needs LIMITS ON HOA'S and CONDO FEES. Seniors (and others) are not looking to pay fee after fee so "officers" can mail out (at our expense)printed propoganda.
If HOA's are going to continue - the State must regulate them heavily to help avoid their continued abuse and corruption.
We must establish boundaries for HOAs instead of letting them exploit homeowners.
Just look at the complaints - valid on both sides. Those validly point out HOA corruption and abuse - fining people for a weed and going so far as compound fines with interest and other fees. Then you have those who point out how that eyesore property has diminished the value of other homes.
We need to establish boundaries that will help stop the corruption and abuse while also permitting people to enter agreements with HOAs.
There is another problem that is present but few point out. Notice the comments above where people say "if you don't like HOAs look elsewhere."
The problem with this approach? The line between Gov't and Private enterprise begins to blur. Once you have the vast majority of communities with HOAs - you have to ask yourself - are these HOAs now taking the role of Gov't? If so, then homeowners will have a right to argue for constitutional protections against these pseudo private agencies.
The bottom line - we need to heavily regulate these HOAs and stop the ongoing abuse and corruption.
I think HOAs and people that like them are pretty stupid. Why buy a house if you can't even do with it want you want? Gotta pay someone to live in your own house? That's stupid. Folks sure wouldn't go for it if it was the government. For me, I don't want anyone telling me what I can do with my house that I own - government or corporate. Gated communities are also very stupid. It's a completely false sence of security. Any nut job can jump a fence. If you are that paranoid, go live in the woods. I suppose it's a 'status symbol' to live in one though. Gotta keep ahead of the Jones!
Thank you for opening this topic, but I think you will quickly see what a can of worms it is. It goes far beyond fines for tiny infractions of a few weeds in the yard, or a stain in the driveway.
In many instances, volunteers step up to the plate and offer to run for the board with the sincere thought of wanting to help their community. However, in many cases once elected, the power that they realize they now hold goes to their heads and as the old saying goes, "absolute power corrupts absolutely". In my current association, the past president was heard to say when asked why he made such a bad decision in penalizing a resident, "I do it because I can.".
In a neighboring HOA, a resident who is disabled, always parked her specially equipped, clearly marked with the handicapped plate, van in her driveway since it didn't fit in her garage. This was against the rules of the HOA, no exceptions. Believe it or not, without warning, the compliance officer had the car towed leaving her stranded. It was only through the intervention of a advocate attorney and a state assemblyman that the van was returned the next day and all towing fees paid by the association.. Oh sorry, the homeowners of that association who had to pay for the compliance officer's foolish heartlessness and incompetence.
The simple answer when in trouble with your HOA, would be to go to the authorities for help, which is the Real Estate Division for the state of Nevada, starting with the Ombudsman. This is the way that system works. First one must send a registered letter to their HOA board of directors stating their complaint. Then, if not satisfied with the reply, (assuming you get one), you file a complaint with the Ombudsman's office who will decide if you have a valid complaint.This takes about three months, if you are lucky. end of part 1.
part 2:
If it is a YES, a member of the HOA board and the complainant are invited to meet with the ombudsman for an informal "pow-wow". Unfortunately, thus far this is not mandatory and my own association has always refused to participate. In this case, it goes to the next level which is an investigation by the CICC, (Common Interest Communities Commission). By this time, you are looking at about a year if you are lucky and in some cases, I am aware of almost three years. By then, the board has changed and fines and the have become astronomical. The latest "cop-out from the new Ombudsman is that many of the NRS 116 laws "cannot be violated" therefore you don't have a complaint. huh?
Additionally, most large HOA board members become a members of CAI, (Community Associations Institute), the training ground for boards run by lawyers and management companies. This association is nationwide and gives many classes which, Which in theory sound great, but "students" don't understand that they are being taught by people who are earning large sums from HOAs. Why would they ever teach them anything contrary to their bottom line? It is long past the time for these people serving on HOA boards, to serve using their brain, their common sense, compassion, and not with the mentality of those with their hands in homeowners' pockets, nor that they can do whatever they please.
In brief, HOAs attempt to institute (by force) a particular living standard upon community residences through CC&Rs which basically transfers many desirable liberties associated with individual property ownership into a property partnership controlled/dictated by community council. Although the HOA concept may seem reasonable to those willing to forfeit some of their property ownership liberties to their community, many HOA residences have discovered that the HOA experience has many pitfalls which have become very detrimental to their enjoyment of property ownership.
I suspect many of those which have willingly subjected their property ownership to HOAs have not read and fully understood the CC&Rs which govern their ownership and therefore cannot envision the potential detrimental issues that may, and often do, arise from the HOA experience.
As for me, I have read the governing CC&Rs and fully understand the potential detrimental issues which can arise and have weighed such detriments against the perceived benefits and have concluded that HOAs will NEVER become apart of my property ownership experience.
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When i bought my first home, I was either told or misunderstood in the purchase process and thought my hoa dues would be lumped in with my mortgage.
I never received a payment book, and was never billed. A full year went ny before a lawyer contacted me to say I was $1,200 delinquent, I owed late fees, interest, and attorney fees.
Obviously the hoa knows where I live. Why couldn't they have contacted me after a month or two, rather than wait a year? Why couldn't they have contacted me first before going straight to liens and lawyers?
In response to FORTHETRUTH. I am involved and we did have a recall election. We had the more than enough votes for recall and the same amount for the actual recall election but somehow the votes did not get counted.
To RALSTONLOVER: I love him to but as far as choosing and HOA or not. We should be able to live in peace. I get that yards have to be nice etc but when they start towing cars off the street when parking is legal and out of driveways, that crosses a line. If I want to live in a specific neighborhood, I should be able to live in peace and not have someone in my backyard taking pictures or the inside of my garage.
italiangal that is where you have it wrong.
People cannot go on your yard to take pictures of your back yard. Most likely is someone has complained about your backyard I bet it has been your neighbor who took the picture.
Regarding towing off streets or driveways, there are some driveways that are not owned by the homeowner as they are cluster driveways and city and county deem them fire lanes and must be kept clear. If the HOA does not enforce this as they are the owners of it the HOA becomes liable if something happens. If they get sued the HOA is all homeowners which means if the judgement if for more than the insurance covers all homeowners pay.
There are two sides of all stories and there are more details than most people want to understand or take the time to learn.
For that reason I challenge Matt Hufman to be more than the opinion editor and look into the facts before publishing anyones claims. Also do compare local government and its curroptions compared to HOA's and on a sampling I bet you it is less percentage found in the HOA as you are closer to home and neighbors. This is the only way to be just for the people like I that do understand and take the time to know. I want my neighborhood well kept and I can't afford the multimillion dollar neighborhoods where pride of ownership seems to be better than usual.
"I think HOAs and people that like them are pretty stupid. Why buy a house if you can't even do with it want you want you want?"
And here come the narcissists. It's all about me. I don't care if my home looks like a POS, isn't maintained and brings down the value of everyone else's home. True narcissism. Refreshing....eyes rolling.
HOA's would be fine if they actually did something about the infractions. Have some teeth to really penalize the people that routinely do not keep up their yards and run a repair shop out of their garage.
Or, how about put in a correct number for the towing company for those that park in the fire lanes, block people's garages or have expired tags?
The only grass we have is in the front of the development. Could we not hire some teenagers to do the mowing? Could some others tend to the shrubs throughout the property?
I don't see an HOA being effective if they send you a letter detailing what each dollar of the monthly dues goes towards and then none of it is followed through. I don't see it as corruption, but rather irresponsibility and mismanagement. Is this company overwhelmed by other properties? Should there be more staff to do routine checkups and followups and actually have more legality towards placing liens on someone's house?
To live in a development with an HOA is to have a responsibility to uphold the rules that the HOA sets. Moving to a place without one may seem nice, but then there are a whole other set of problems that come with it. There is no perfect solution, but someone that owns a house should know what it takes to keep their house from looking like a dump.
Just because someone rents doesn't mean the responsibility goes away. Whether the landlord lives in the area or not, make sure they are penalized.
Dear TomD1228,
Perhaps YOU would need to pay someone to keep your house up, but most of us wouldn't. It's arrogant, and stupid folks who need to be contained in an HOA neighborhood. My neighborhood is beautiful without an HOA. My neighbors and I know each other and respect each other and our neighborhood. We take the time to. You are just fooled into believing it's necessary and have to justify the money you are waisting on your fears to communicate with your neighbors. Like I said, you should just move to the woods.
Dear tomD1228,
Here's what's wrong with folks like you...
In our neighborhood, we had a neighbor who's yard was starting to grow weeds pretty bad. I paid them a visit, and found out that the single hard-working mom in that house was down on her back due to an accident. So, another neighbor and I went over and helped her out with the yard.
You? You would have just bitched and moaned and gossiped with others and called the HOA to have her fined.
Get it now? And no, folks in the mid-west are no different than they are here. I came from the mid-west. there are jerks like you there too.
Per my earlier post, most of the bitching and whining I've read so far, could have been alleviated if the bozo's who buy a home in one of these HOA gulags had bothered to read the fine print, or spent a few bucks to have a qualified attorney decipher the mumbo-jumbo BEFORE SIGNING THE CONTRACT TO PURCHASE THE HOUSE. It ain't rocket science, and for those of you stuck in the "catch 22" realm of HOA's: MOVE.
power corrupts!!!
absolute power corrupts absolutely!!!
Folks:
Thank you! There have been some great and thoughtful comments, letters, posts, etc. It's great to see all of your opinions.
Please, let's keep the discussion going. This weekend, the Sun will publish a sampling of letters and comments, so keep them coming.
I'll try to post more thoughts before then, after I finish reading the initial batch of letters and comments. In the meantime, a shout out to hermit, who riffed on the classic song "Little Boxes."
Best,
Matt
And to the Hatfields and McCoys you can shoot it out all you want just stay out of my HOA neck of the woods.
@atomon
YOU made the statement about doing whatever you want to your house because you own it. That implies if you want to let it turn to crap or paint it pink, you're ok with that.
Some of us see it differently. Just because you like having a refrigerator on your front lawn doesn't mean your neighbors want to see it. I'm just glad your pigsty house isn't near me.
We moved to Las Vegas almost 9 years ago. We had a choice to move into a HOA governed community or one that is not. We decided to live in the one that is an HOA.
It was one of the best decisions we have made in our lives. We do not have to be concerned about someone working on cars in their yard, painting their house some ridiculous color or having a trashy looking yard.
People make choices in their lives. One of the choices they have is where they want to live. No one is forcing them to live in an HOA if they choose not to.
I am currently on the board of a large HOA in Aliante. We find that a far majority of our residents feel the same way I do. However, we do have some that are not happy with the rules and regulations that we have. Everyone who moves into an HOA is given a copy of those rules and regulations and therefore should know how the community is governed.
A poll done in 2009 by Zogby International where HOA residents were asked about their overall satisfaction with their HOA. 71% were positive, 17% were neutral and 12% were negative.
It is true that there are some HOA's that are not properly managed and a few have been charged with corruption. These seem to make it to the news and justifiably so. However, the great majority are there to make their communities enjoyable places to live.
Prior to making a choice on where to live, people need to know what kind of community choose to live in. If that choice is an HOA, they need to get involved and make a difference in their community.
"A poll done in 2009 by Zogby International where HOA residents were asked about their overall satisfaction with their HOA. 71% were positive, 17% were neutral and 12% were negative." -- Owenlee
LOL
Zogby International is based in Utica, NY and Washington DC, which is sponsored by the Foundation for Community Association Research which indicates that there's an estimated 60 million Americans living in more than 300,000 homeowner, condominium associations, cooperative and other planned communities, with nearly 2 million serving on association boards -- of those 60 million association members how many do you think were interviewed by Zogby International to derive the "research" results cited in the 2009 phone poll?
A whooping 700!
700 of the 60 million HOA members, approximately, 1/10 of 1%!!
Additionally, the Foundation for Community Association Research is a firm devoted to common interest community research and development with a whooping $304,095 in net assets, derived mainly by contributions and survey sales by a minority partner known as the Community Associations Institute (CAI) which mainly practices in exempting its self from paying taxes.
And how many times has the Owenlee resident of nine years contributed to the Sun blog?
Simply click on "Owenlee" to find out -- you won't be surprised.
And there you have it -- a self-proclaimed HOA board member of Aliante putting out research data based upon 1/10 of 1% of HOA members nationwide disseminated by a research firm devoted to the proliferation of HOA communities practicing in tax exemptions.
You just can't make this stuff up.
FWIW:
http://www.caionline.org/info/research/D...
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This affirms the validity of the
Zogby research as an effective measure of how residents perceive their community associations.
Ha Ha Ha Ha Ha
700 out of 60 million and that's a good sample?
I've lived in Las Vegas for 12 years now - and I have not bought a home, though I've seriously considered doing so a number of times! Why? It seems almost impossible to find an honest real estate agent, and an honest broker, and an honest bank, and an HOA that is made up of board members that are just sane!
I lived in three different apartment communities that were nightmares due to incompetent management - these Apartment Management Companies need to be investigated and regulated too!
When I found a nice condo-apt style place (where I've lived for the past 7+ years) everything went great until I mounted my American Flag (on the interior wall of my patio) extending out into the "common area" air-space!
In the minds of the management I broke their sacred corporate rules - and they began waging a war on my peaceful occupacy when I politely refused to take down OUR American Flag!
Long story-short, I won that fight (and it helped that I was a well respected member of society and a Combat Disabled Veteran) - but, it was a fight that never have been brought against any citizen!
Then, I dared to hang a Blue Star Military Family Banner on the inside of my Dining Room window and, again I got a complaint from management! Again, I politely refused, and explained that there are offical national symbols protected under the Constitution of the United States! Sadly, I also had to explain that the NRS (Nevada Revised Statutes) also provides for the display of political signage before, during and after campaign seasons!
Again, battles that should never have been waged by incompetents that don't even understand basic law, and valuable time wasted that could have been used doing something, almost anything, more meaningful and needed in the community!
I wonder what would happen if I dared to hang up a black/white POW/MIA Flag, or a Nevada State Flag?
BTW: Thank you Matt Hufman - it's nice to hear directly from the Editorial Staff on a personal level rather than wonder who the Las Vegas Sun Staff are, and what are they thinking? This is just one of many important topics that doesn't get enough discussion openly and publicly!
Perhaps, someday, we will return to an America where basic respect for the rule of law is based in a fundamental understanding that the SUPREME law of the land is the U. S. Constitution...then State Laws, followed by County, City and Township Laws - and that the myth of Corporate Law falls, rightfully so, subordinate in the minds of these petty profiteers that only pose as patriots!
P.S.: If anyone reading this actually knows an HONEST Real Estate Agent that works with an HONEST Broker, that can get a V.A. Loan done by an HONEST Bank - in a community that is NOT run by Communists or Nazis - this mostly moderate, combat disabled veterans would love to hear from you?
WANTED: Single Story, 3 Bedroom, 2 Bath home with attached Garage in decent, middle-class/upper-middle-class neighborhood (diversity is desired)!
C.C. & R's and HOA Rules must recognize the home owners Constitutional Rights fully, to include the right to defend my self, my loved ones, my home, and my belongings with deadly force if necessary!
P.P.S.: School District doesn't matter (as it's sadly obvious no one in power really cares about education in Nevada)!
HOA's....the main purpose was to "protect" home values...am I right with this statement? Ok- somebody please explain how they have protected home values here in the valley- please. Maybe a refund is in order then?
Well then don't buy in a HOA development you say? Very hard not to. Most if not all the developments built within the last 25+ years in Vegas has a HOA chained to your contract when you sign...
I ultimately see HOA's as a nice, permanent "money stream" for a long list of people- with attorneys being at the top of the list...
Code enforcement laws could be strengthened and more readily enforced. There are whole divisions of people that do this type of work already valley wide for the cities and county.
Guess we'll continue to pay twice...
I have had the last year to see and understand the HOA that I pay dues to. More than anything else... I see 'little' people with a bit of control constantly belittle those who may question where "THEIR" money is being spent. I suppose they want us to be similar to the sheeple who do not question how are own country has become TRILLIONS of dollars in debt by our elected officials who spend their entire time in office trying to buy the votes of people with their own personal micro-agendas... to get re-elected.
My last house was in an HOA dominated subdivision. One day on our door we got a flyer for a painting company. The same day everyone was told they had to paint their house. The HOA said it was just a coincidence and the painter told me he was painting the majority of the houses in a HUGE subdivision. More work than he had all the last year.
Corrupt? By any circumstance it appears to be so.
Meanwhile boats and derelict cars sat outside some houses for months and were ignored by the HOA. Guess they couldn't find a towing company that would kick back some of it's towing fees.
"Most if not all the developments built within the last 25+ years in Vegas has a HOA chained to your contract when you sign..."
Uh yeah...why do you think the most desirable homes ARE the most desirable? It's not because they are "only" 25 years old or less. It's because of the HOA. There are numerous remolded/rebuilt homes all over LasVegas in non HOA communities. I'm sure you can find one. The best and most desirable communities in Las Vegas have HOA's. They keep the refrigerator on the front lawn types out. You want to paint your house orange, grille on the front lawn, put your 55chevy on cinder blocks...find a home in North Vegas. There are plenty.
I hate my HOA...and RMI management co. They lack transparency, and act arbitrarily.
Can anyone explain why when a prospective, pre-approved buyer asks to see a copy of the C.C. & R's and HOA Rules you get some non-answer and the run-around? Everytime I've been out and looking to buy and made this simple routine request I've been b.s.'d (as if it's one of those "don't ask" type questions)?
It's also curiously interesting how critically important it is to hurry up and sign an offer - but, there's no sense of urgency on closing the deal anytime within months of making an offer?
Gee, could it be those ever so trusted Realtors are just trying to make a buck - and the longer they jerk you around the better their odds of making even higher commissions if they can find some sucker willing to offer more?
Oh, and then, even when the basic offer gets "accepted" - suddenly there are all these "fees" and "costs" that are added on - and "explained" as "normal" in Nevada!
It's just sad, when I know just a generation ago you could get a decent loan from an HONEST Banker and buy a car in an hour or two, and a new home in just a couple of days and be moving in next week!
The truth is the entire Great American Market-Place has been taken over by liars, cheats and thieves - and that includes your local grocery store, sadly!
Hey, I'm a peaceful law-abiding citizen that fully understands and accepts and supports basic decency and common-sense standards! We're NOT talking about the people that put junk in their front yards or can't/won't keep oil from leaking out of their vehicles!
I just want to live peacefully occupying a decent home that I'm maintaining and buying for less than the $850 a month I've been throwing away in rent - and it seems nearly impossible to do in NevaDUH!
Frankly, with the water concerns we have here (on top of so many other problems) - perhaps the people leaving in droves are the smart ones?
BEFORE YOU PURCHASE PROPERTY IN A
COMMON-INTEREST COMMUNITY
DID YOU KNOW . . .YOU GENERALLY HAVE 5 DAYS TO CANCEL THE PURCHASE
1. AGREEMENT?
When you enter into a purchase agreement to buy a home or unit in a common-interest community, in most cases you should receive either a public offering statement, if you are the original purchaser of the home or unit, or a resale package, if you are not the original purchaser. The law generally provides for a 5-day period in which you have the right to cancel the purchase agreement. The 5-day period begins on different starting dates, depending on whether you receive a public offering statement or a resale package. Upon receiving a public offering statement or a resale package, you should make sure you are informed of the deadline for exercising your right to cancel. In order to exercise your right to cancel, the law generally requires that you hand deliver the notice of cancellation to the seller within the 5-day period, or mail the notice of cancellation to the seller by prepaid United States mail within the 5-day period. For more information regarding your right to cancel, see Nevada Revised Statutes 116.4108, if you received a public offering statement, or Nevada Revised Statutes 116.4109, if you received a resale package.
2. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions. The CC&Rs become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The CC&Rs, together with other "governing documents" (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by CC&Rs, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the CC&Rs, and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you. Certain provisions in the CC&Rs and other governing documents may be superseded by contrary provisions of chapter 116 of the Nevada Revised Statutes. The Nevada Revised Statutes are available at the Internet address http://www.leg.state.nv.us/nrs/.
3. YOU WILL HAVE TO PAY OWNERS' ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowners' association. The obligation to pay these assessments binds you and every future owner of the property. Owners' fees are usually assessed by the homeowners' association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the common elements of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to provide adequate funding for reserves to repair, replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.
4. IF YOU FAIL TO PAY OWNERS' ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the association's costs and attorney's fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.
5. YOU MAY BECOME A MEMBER OF A HOMEOWNERS' ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?
Many common-interest communities have a homeowners' association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional community managers to carry out these responsibilities.
Homeowners' associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the CC&Rs and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs.
If you have a dispute with the association, its executive board or other governing bodies, you may be able to resolve the dispute through the complaint, investigation and intervention process administered by the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, the Nevada Real Estate Division and the Commission for Common-Interest Communities and Condominium Hotels. However, to resolve some disputes, you may have to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, you may have to file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the association's cost in defending against your claim.
6. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE PURCHASERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires you to provide a prospective purchaser of your property with a copy of the community's governing documents, including the CC&Rs, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the association's current year-to-date financial statement, including, without limitation, the most recent audited or reviewed financial statement, a copy of the association's operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair, replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware. For more information regarding these requirements, see Nevada Revised Statutes 116.4109.
7. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?
Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:
To be notified of all meetings of the association (a) and its executive board, except in cases of emergency.
To attend and speak at all meetings of the (b) association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.
To request a special meeting of the association upon (c) petition of at least 10 percent of the homeowners.
To inspect, examine, photocopy and audit financial (d) and other records of the association.
To be notified of all changes in the community's (e) rules and regulations and other actions by the association or board that affect you.
8. QUESTIONS? Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, Nevada Real Estate Division, at (telephone number).
Ref:
http://www.leg.state.nv.us/nrs/nrs-116.h...
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NRS116.2118 Termination of common-interest community. [Effective January 1, 2012.]
Except in the case of a taking of all the units by
1. eminent domain, in the case of foreclosure against an entire cooperative of a security interest that has priority over the declaration, or in the circumstances described in NRS 116.2124, a common-interest community may be terminated only by agreement of units' owners to whom at least 80 percent of the votes in the association are allocated, or any larger percentage the declaration specifies, and with any other approvals required by the declaration. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses.
An agreement to terminate must be evidenced by the
2. execution of an agreement to terminate, or ratifications thereof, in the same manner as a deed, by the requisite number of units' owners. The agreement must specify a date after which the agreement will be void unless it is recorded before that date. An agreement to terminate and all ratifications thereof must be recorded in every county in which a portion of the common-interest community is situated and is effective only upon recordation.
In the case of a condominium or planned community
3. containing only units having horizontal boundaries described in the declaration, an agreement to terminate may provide that all of the common elements and units of the common-interest community must be sold following termination. If, pursuant to the agreement, any real estate in the common-interest community is to be sold following termination, the agreement must set forth the minimum terms of the sale.
In the case of a condominium or planned community
4. containing any units not having horizontal boundaries described in the declaration, an agreement to terminate may provide for sale of the common elements, but it may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or all the units' owners consent to the sale.
5. The association, on behalf of the units' owners, may contract for the sale of real estate in a common-interest community, but the contract is not binding on the units' owners until approved pursuant to subsections 1 and 2. If any real estate is to be sold following termination, title to that real estate, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to units' owners and lienholders as their interests may appear, in accordance with NRS 116.21183 and 116.21185. Unless otherwise specified in the agreement to terminate, as long as the association holds title to the real estate, each unit's owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit. During the period of that occupancy, each unit's owner and his or her successors in interest remain liable for all assessments and other obligations imposed on units' owners by this chapter or the declaration.
In a condominium or planned community, if the real
6. estate constituting the common-interest community is not to be sold following termination, title to the common elements and, in a common-interest community containing only units having horizontal boundaries described in the declaration, title to all the real estate in the common-interest community, vests in the units' owners upon termination as tenants in common in proportion to their respective interests as provided in NRS 116.21185, and liens on the units shift accordingly. While the tenancy in common exists, each unit's owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit.
Following termination of the common-interest
7. community, the proceeds of a sale of real estate, together with the assets of the association, are held by the association as trustee for units' owners and holders of liens on the units as their interests may appear.
(Added to NRS by 1991, 551; A 2011, 2426, effective January 1, 2012)
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Well, when you live in a neighborhood where the houses are six feet apart there need to be some rules. I wouldn't own a property in this valley that wasn't part of an HOA unless it was in an area with 1/2 acre lots or larger.
"The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the common elements of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to provide adequate funding for reserves to repair, replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks."
In other words, HOA property owners are always betting their homes against the possibility of a LARGE (potentially unaffordable) special assessment($) being levied upon them in which there are NO LIMIT$ to the monetary liabilitie$ assessed upon them.
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Jonathan Abbinett - It is not that difficult to find an home in Las Vegas with no HOA. Just look for an older home. There are some very nice ones in stable, older neighborhoods. Buying a home without an HOA will save you a lot of money and aggravation.
You can forget about buying a newer home without an HOA, though. I don't think they exist. The HOA industry has gamed the system so now all new developments must have an HOA. What a neat trick they played on us, didn't they? How did they do that? Let's talk about it in a future discussion...
HOAs serve a vital function of life in Nevada. They replace government entities for maintenance of roads, parks, swimming pools, safety and access control. These are services the local jurisdictions have passed on to developers and eventually homeowners as part of "growth paying for growth."
There are now nearly 3,000 HOAs in the state, according to NRED. Think about how many miles of streets, curbs and gutters, how many acres of greenspace and play areas, and how many community facilities would be maintained by local governments without HOAs. Now think about how high your taxes would be to pay for all that urban infrastructure.
The vast majority of HOAs are non-profit corporations under state law. That means they operate as businesses, not governments. They are less expensive and easier to run than governments. But like any business, they're only as good as the people running them.
Any business needs to attract and retain customers. Most Boards of Directors will work with upset homeowners to reach compromises. Homeowners are stockholders in the business, which is also their community. Each unit owned in a HOA is equal to one stock owned in the corporation. But most homeowners have an apathetic attitude toward their HOA and therefore toward the business in which they have a stake. Would other business owners take such a laissez-faire attitude toward their investment?
Stockholders need to read, actually read, their CC&Rs, Rules & Regulations and Bylaws as well as NRS 116. Owners won't see a lot of the work that goes into the daily operation of the HOA as a business, but they should understand why action can be slow in resolving some matters. HOAs are among the most heavily regulated businesses in the state. The Legislature sets prices, timelines and other limitations in the name of transparency. The cost of such transparency is red tape and time. The state, perhaps in an unintended consequence, turns small businesses into quasi-governments.
Whether you love HOAs or hate them, they are here to stay. Take the time to understand how they function and challenge them when they don't operate according to their own rules and support them when they do work. Like any business or community, they're only as good as the people running them.
Looking forward, just imagine what all those HOA owners can look forward to as their communities and infrastructures, which are relatively new, begin aging, requiring expensive repairs -- rising costs are inevitable but will they be affordable for the valley sheeple grazing tomorrow's HOA pastures?
Benefit or Detriment?
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HOAs can be both a benefit and a detriment. It depends on the homeowner. If you prefer less restrictive rules then it would behoove you to request a copy of the CC&Rs from the agent selling the home. I am in new home sales and I have always allowed a prospective buyer to review the CC&Rs prior to purchase if they requested it. Any good agent should be willing to provide that. I would rather the buyer make an informed decision. In addition, there is a five day right of rescission. This gives the buyer the opportunity to ensure they know what they are getting into. There is a lot of paperwork involved in the purchase but it is necessary to read and understand what you sign.
"I am in new home sales and I have always allowed a prospective buyer to review the CC&Rs prior to purchase if they requested it. Any good agent should be willing to provide that." -- Hipladygator
To be clear, how many homes have you sold WITHOUT providing Buyers a copy of the associated property's CC&Rs?
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As a board member for the past three or so years, I find that almost without exception, new home buyers do not read or attempt to understand everything they should regarding the home purchase. Sure, I agree some homeowners' association boards can, and do, exceed their duties and responsibilities. I read the horror stories; I see the TV reports; I know there is wrongdoing. Like other commenters, I too lived in "regular" neighborhoods that always had two or three eyesores, so about 18 years ago my wife and I decided a community with an HOA was better. So far, our decision has proven right for us. Being on the board has given me great insight into the how an HOA is REALLY supposed to work. I encourage each homeowner in an HOA to attend the regular board meetings to do two things: first, figure out how your community is being handled and second, when you have a legitimate issue, raise that issue in a positive way and request a follow up notice to your concern. Vague complaints about your dues, your neighbor or the poor job the board is doing will not make your community any better.
A complete waste of money and time. Never again.
I remember my house hunt w/ my husband. HOA or Not? We asked our realtor to be shown both because we didn't know if we would be able to leave our entertainment center after working hard all week to keep up with the requirements of an HOA. It was on that hunt that I finally really understood the difference between an HOA & a non-hoa neighborhood. The stark comparison was an eye opener.
HOAs with their maintained look, kept up yards, and appealing views where I tried to imagine living there for the next several years. Sure there was the scattered foreclosure homes peppering in a look of abandonment, but overall clean and acceptable neighborhoods.
THEN there were the non-hoa homes. I was surprised to literally find pieces of vehicles in the streets and yards, strange build it yourself contraptions that I still can't figure out the purpose of, windows so dirty that it makes the tin foil behind them blocking out light pointless, and the walls & streets broken with disrepair that the city has so kindly neglected. Not to mention the ambient noise of loud terrible music (if you're going to play loud music, seriously, please play something decent), and lets not forget the lovely broken beer bottle and hanging shoe accents to set off the broken toy collections.
Needless to say we decided then and there that no matter how lazy we felt, we would commit to abiding by the community standards (believe me we are lazy at home, if you don't believe me I have a huge pile of laundry waiting to be done that will tell you differently).
So while yes, you have pressure and expectations living in an HOA, I would have to say that they're the kind that are good for you, like my mom who used to force me to get out of bed to attend school. We remind ourselves of why we picked HOA in the 1st place.
For those who automatically think that the management company who has never met you is targeting you and has nothing better to do with their day then be out to get you (no one say you haven't heard that before), please remind me why you are so special and unique that you draw all this focus from strangers.
And for the people that complain that they receive "nasty grams" while other worse situations are left alone. How do you KNOW that? Seriously... Do you actually know what other letters have been sent, fines applied, or what the Board has tried to do to correct it, or how uncooperative your neighbor is? Because if somehow you are psychic, so psychic that you can look at a situation and believe you fully understand it at a glance, please use that mega-brain of yours and solve some crimes, and while you're at it give me the winning lotto numbers so I can afford to move far away from the person that believes they're so special that every letter they receive is because they are being targeted by strangers.