HOA wants to include building permits in ARC reviews

Q: The homeowners association of our single-family home community has recently changed the Architectural Review Committee guidelines to include permits be submitted as part of the application process. This was removed from ARC guidelines a few years ago because it directly states in our covenants, conditions and restrictions that the ARC shall not be responsible for reviewing this. The HOA attorney from our previous management company agreed. As well as the community manager stated that no other HOAs that she managed had this requirement.

My understanding is HOAs cannot require homeowners to submit building permits because they are not the arbitrator of the county codes enforcement. Not to mention, people don’t get building permits until required during construction process, and certainly not until after HOA approval, which states clearly in the CC&Rs is only for aesthetic purposes of the community.

This feels like a way for the HOA board to cause delay and exert over-reaching control over the homeowner, which a majority of people feel is a huge problem with HOA and the HOA laws. I say this as a former HOA board president. I cannot find anything in Nevada Revised Statutes 116 that addresses this.

A: You are correct that NRS 116 does not explicitly include the specific architectural process or guidelines that an association may have in its governing documents. If there is an opinion letter from the previous attorney on this issue that stated that the association board was overreaching by requiring permits during the approval process, you could complete an intervention affidavit process with the Ombudsman’s Office.

Q: I live in a neighborhood that does not have an association, but when we first moved in 28 years ago, we were given a packet that listed things that were prohibited. It outlined property use restrictions, maintenance obligations, rule enforcement mechanisms, dispute resolution methods, assessment obligations, insurance requirements and lender protection. Over the years, many different people have come and gone, and I am assuming these CC&Rs are not being given to new owners or renters, as many are being violated.

We have searched high and low for that packet and cannot find it. How do we get another copy, and how can we make sure it’s being enforced?

A: Contact the Clark County recorder’s office for a copy of the CC&Rs. Since they are recorded documents against the property, new homeowners should be receiving a copy through the escrow process.

The problem of enforcement is that the neighborhood that you live in does not have an association; there is no direct enforcement process other than possibly the city or county or the courts.

Q: Is there a statute that protects HOAs from board members filing complaints with the Nevada Real Estate Division to gain monetary compensation from the HOA insurance?

We have 730 residences and five board members. One of our board members recently filed a complaint claiming she had a stroke a week or two after a board meeting argument with two other board members. She claims the two board members were verbally abusive to her, causing her stress and the stroke. This meeting took place over a year ago and she is still on the board. Many residents feel that if she cannot handle the pressure, then she should resign.

Apparently, she became a board member to try to change the Architectural Review Committee guidelines after she was ordered to stop a project that was started without a permit and did not meet guidelines.

Also, about a year ago, her husband started a petition to remove two of the board members. Even though that petition was found to contain false and misleading information, the board submitted it to the vote of the residents. The petition failed, but still caused a significant expense to the HOA.

Residents are concerned that this person will continue arguments to get her way and cause more expense to the HOA. Any advise you can provide will be much appreciated.

A: The answer is no. Whether you are a board member, a homeowner or a resident, you have the right to file complaints with the Nevada Real Estate Division and or initiate a lawsuit against the association.

Whether this board member receives any awards will be determined through settlements or court decisions either by a judge or jury.

The concerned homeowners have a choice to cause a removal election or at your next election of directors to vote her off the board and elect another person.

Barbara Holland, CPM, CMCA, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.