Short-term rentals allowed in most areas of Vegas Valley

Q: I am hoping you can tell me the correct way to proceed on this issue. Our homeowners association rules state that Airbnb is not allowed. Yet, when I called to complain, I was told that other homeowners have complained also, but nobody has sent proof.

So, upon being told I needed to send proof it was an Airbnb, I followed up with a webpage link showing this house is an Airbnb.

My main question is this: If having a Airbnb in my homeowners association is illegal and also illegal in the city of Las Vegas, why do I need to prove it’s illegal? Is this not their job?

Also, if it’s illegal for an Airbnb to operate in Las Vegas with the exception of a signed lease that is 31 days or over, why are these allowed?

In case HOAs can’t figure out how to do it, just go to Airbnb.com and put in zip code and see how many are operating in their area.

A: A month or so ago, my column discussed short-term rentals and current ordinances. At the time the state law was passed, Clark County was the only municipality that prohibited short-term rentals. With the passage of this law, Clark County will need to develop an ordinance that will regulate short term-rentals and will need to incorporate the minimum standards as set by this bill. Other municipalities will need to review their ordinances to see if they comply with the new state law.

You stated that short-term rentals were illegal in the city of Las Vegas. This is not quite accurate. Short-term rentals are included in the city’s ordinances, Chapter 6.75, and are allowed with the city under certain requirements.

At this time, the city does not allow short-term rentals in the following master-planned communities: Summerlin/Sun City Summerlin, Town Center, Skye Canyon, Cliff’s Edge, DCP (Arts District, Symphony Park), Grand Canyon Village and the Las Vegas Medical District and Providence Square.

It will be interesting to see what the city of Las Vegas will do in complying with this new law.

As to your question of why you had to include information showing the house was being advertised as a short-term rental, the answer is that apparently this is your association’s policy. The information documents your complaint.

As a footnote, none of the municipalities enforces associations’ rules and regulations pertaining to short-term rentals. That is the obligation of the association.

Unfortunately, most of the current ordinances make associations jump through hoops before the city takes any action. For example, a homeowner association in Henderson would need to obtain a judicial order as proof of the prohibition in their governing documents. Once Henderson receives a copy of the order, the city would not allow that homeowner to register as a short-term rental.

Note: Here are a couple of notes from my desk:

Plan ahead

As you all know, there are required Nevada Revised Statutes 116 mailing deadlines. A recent article in the Las Vegas Review-Journal noted the new standards for U.S. Postal Service may slow some deliveries. Mail delivery will be slower and cost more for certain services. Delivery times for certain mail traveling longer distances will increase up to two days. According to the article, “61 percent of first class mail and 93 percent of periodicals will be unaffected, meaning it will take two days for local mail to be delivered.”

There will be a temporary price increase on mail and packages, which will last until Dec. 26. The increases will range from an additional 75 cents to as much as $5 for priority mail, priority mail express and first-class package services. This cost most likely will affect the association’s budget ratification packages.

Maximum amount that can be charged for documentation (NRS 116.4109 and NRS 116.3102)

■ Resale package: $185 (to expedite an additional $100). This fee must be based on the actual costs the association incurs in preparing the certificate. It should include a summary of any unsatisfied judgments or pending legal action against the association. It should include any other fees associated with a resale of a unit and all current and expected fees or charges for each unit.

■ Demand statement: $165 (to expedite an additional $100). This document lists the amount of monthly assessment needed for the common expenses and any unpaid obligation of any kind due from the seller’s unit.

■ Opening/closing a file: $350. This fee must be based on the actual cost the association incurs to open or to close any file. It may only include fees authorized by the governing documents, such as transfer fees, inspection fees, processing fees and any other fees used to cover the association’s resale costs. Prepaid assessments do not fall under this cap.

■ Governing documents/information statement: $0. This is to be provided electronically at no fee. This includes the covenants, conditions and restrictions, bylaws, rules and regulations, copy of the current operating budget, current year-to-date financial statement, summary of the reserves and the required “Before you Purchase” and “Did You Know” statements required by NRS 116.

Fees may increase on an annual basis by a percentage equal to the percentage increase of the Consumer Price Index for all items, which is currently over 5 percent.

Important to note: Under Assembly Bill 237, a complaint can be filed with Nevada Real Estate Division for excessive fees. Please note that failure to respond to the alleged violation is deemed an admission.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.