Do homeowner's associations in Nevada have too much power? Proposed Senate Bill 362 is designed to take some of that power away from them.
Definitely a pressing question! People do buy in homeowner's associations for peace of mind and to help retain their values.
~BUT~The pressing questions remains: Should homeowners be fined for the actions of their guests? Should energy efficient products really require HOA blessings?
I would say the answers depend on the extent: of the guests actions and what type of energy efficient products you are putting in.
According the Las Vegas Review Journal's story a homeowner was fined because their pizza delivery guy was speeding throughout the community. Another homeowner had to paint their solar panels a terra cotta shade ~ which would reduce the effectiveness of the solar panels.
Now those things appear to border along the lines of ridiculous but are they really? When you purchase residential real estate in Nevada you are required to sign a "Certificate of Resale" which states that you have received the following documents:
- Declaration of Restrictions (CCR's)
- Association Bylaws
- Rules & Regulations of the Association
- Statement of monthly assessments for common expenses and any unpaid assessments
- Current Operating Budget
- Current financial statement of the Association, including a summary of the reserves study
- Statement of any unsatisfied judgments and the status of any pending legal action against the Association or relating to the Common Interest Community of which the Seller has actual knowledge.
Homeowner's associations SHOULD enforce their rules in a UNIFORM manner but sometimes they DON'T! If you have issues with your HOA make sure you check out the regulations/laws/rules within the Nevada Real Estate Division.
All the Best,Realtor®
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Ava: Perhaps! My point is that if it was defined in the CCR's and you signed off on your certificate of resale at point of sale then you probably don't have much of a case legally. It is always best to seek the advice of a lawyer when you are in these situation!
Brian: Way to go!
Danny: Solar panels are usually tastefully done and practical in the desert. They should be allowed! You should always seek the advice of an attorney prior to installing such a big project when you live in an HOA. More than likely you will need their approval!