Many of us have
experienced first hand or known others that have felt the heavy hand of a “mini
government” call a Homeowners Association or HOAs. What is the problem with many of these HOAs? In the past there have been countless abuses by out of control Board members who delight in being crewel, exercising their power over their fellow homeowners, or just stealing from the association along with crooked management companies embezzling funds. These problems called for statutes to protect homeowners. In the State of Nevada the Legislators after hearing the horror and corruption stories decided to enact statutes to stop these abuses. And so was born NRS 116 which was intended to correct all the evils that took place. NRS 116 was created in 1991. Every two years when the legislature meets major additions and sweeping changes are made to this and to related statutes. Then along came the Regulations which were supposed to further “protect” homeowners. At present the situation has become worse. The number of Associations has exploded to nearly 3000 in Nevada alone. These Associations in most cases are “managed” by Community Association Managers known as CAMS who in Nevada are licensed. In 1999 the State created the Common Interest Community Commission. There purpose is to create regulations and act in a judicial capacity at hearings against individuals who violate State Statutes. The problem is the law calls for most of the Commissioners that earn their living from the HOA Industry and therefore have Conflicts of Interests to serve as Commissioners. To further make matters worse for homeowners there is an organization know as the CAI which is a powerful lobbying organization across the US. Their members include Attorneys, CAMS, Collection Companies, Contractors, Accountants and Landscaping Companies. These companies or individuals make a lot of money off of the backs of homeowners in the form of assessments that are paid to the Associations and then paid to these organizations. The CAI members lobby State Legislators and get laws passed that take rights from the Owners and strengthen the powers of Association Boards. Many of these new found powers allow owners to be abused & fined for petty or non existent “violations’ and are denied Due Process.This has been an ongoing event in Nevada. In the 2011 Session of the Legislature 25 Bills were introduced dealing with HOAs! Almost all were NOT HOMEOWNER FRIENDLY. Homeowners have become VICTIMS in their own homes! The future is in your hands. The United States Constitution starts with the words: “WE THE PEOPLE” We need to get homeowner laws passed that restor rights to owners who do not even know they were taken away and are kinder to Owners. We need to get Legislators elected who care about us. We need to Stop the over zealous and greed attorneys who feed on disputes between owners and Board members. We need to put a stop to the outrageous fees charged by Collection Companies which are financially strangling owners. We need to change the laws which force a homeowner into the “Arbitration Trap” with Biased Arbitrators when an Owner complains about a violation of the Governing Documents of the association. We need laws to create greater transparency for homeowners. We need major changes in the Common Interest Community laws granting more power to the Commission to protect homeowners. We need to stop the tyrannical boards who constantly violate state laws and their governing documents. WE NEED YOU TO GET INVOLVED, SPEAK UP & SPEAK OUT! Contact your State Legislators and let them know what is happening. Contact us. We can try to assist you at No cost to you. Unless we get the laws changed in 2013 the HOA Abuses will continue. |