One has to temper the expectations for the Nevada Commission for Common-Interest Communities based on the authorizing legislation for the Commission, and the CIC legislation the Commission is bound to enforce. If the legislation favors the homeowners association and its board, then one should expect that the conclusions of the CCIC will be similar. If this occurs, homeowners must take their concerns to the legislature.

Too much appears to be modeled assuming the offender is the individual homeowner who is not complying with “something” as defined by the board. Is the “something” valid under the law and case law, or has the board exceeded its authority? Does the HOA attorney provide an analysis of why or why not and make that analysis available to all in the HOA? After all, the association is the client and the homeowners pay the attorney.

Many of the complaints from individual homeowners involved claimed of abuse by boards and boards not adhering to the law and the governing documents. Hopefully, these cases will be decided by the CCIC in favor of the individual homeowner, and “read the riot act” against the offending boards. But such rulings will depend upon how the law and the case law are interpreted. Are boards obligated to adhere to the law and the governing documents? I would hope the answer is a resounding YES.

Left by Don Nordeen on March 25th, 2006

anyone know who this joe bitsky is and what is going on with the HOA he is the property manager of?

Left by Greg Swanson on June 25th, 2006