The proliferation of homeowners’ associations (HOAs), also known as common interest communities, and their sometimes far-reaching control over the lives of their members, have resulted in the legislature scrambling to pass laws to regulate these legal entities. There is a distinct trade-off involved. HOA members contribute monthly dues to a collective fund which pays for amenities the individual homeowner might not be able to afford. However, these homeowners forfeit the right to do whatever they please with their property and are required to adhere to rules and regulations of the community, most of which are enacted to maintain a peaceful, attractive neighborhood. Though this trade-off is usually clearly outlined in the purchase agreement of a home, the actual enforcement of rules and regulations against the homeowner is often met with hostility.
The Community Associations Institute was established as a resource for homeowners’ associations attempting to enforce their covenants, conditions, and restrictions in the face of homeowner opposition. When you purchase a home in an HOA, you acknowledge that you have read and will adhere to the CC&Rs and rules of the community. Violations of these rules can result in fines, liens, and even foreclosure of your property. Though these regulations are usually enforceable, backlash against the overly invasive nature of some rules has resulted in laws which dilute the powers of the HOA. NRS 116 represents the whole of Nevada statutory law regulating HOAs, with more likely to follow as the increase in common interest communities continues.