[lvmensch]

Originally Posted by RHT27045

Amazed how people look for some type of legal advise on a open forum such as city-data. "Your honor I was told on city-data they can't do that!" RFLMFAO! My suggestion? GET A FREAKING LAWYER!

Some matters require legal advice. Others are more practical. In Las Vegas the people who practice RE law generally do not give free advice. So you are going to pay a couple of hundred to have one look at the case and more if the lawyer needs to do something.

If you have a regular relationship with a lawyer you can of course ask. Note though lawyers current on HOA regulations and laws are few so many would have to research the question to give a cogent answer. This costs time which for lawyers is money.

There are certainly questions that require a lawyers advice. However not all questions on regulations and such are of that sort. The one here deals with stuff that is mostly common knowledge and is unlikely to need a lawyer.

And by the way RE Agents and Property Managers in NV practice law according to the east coast standards.

[Prosze]

haha, give them some really good footage.

[CaptKurt]

I have sat on the board of my current HOA for many years. Some HOA boards can be filled with busy-bodies that have nothing to do but enforce rules or get nit-picky about things.

The HOA rules and regulations, as well as the covenents and conventions are type of legal contract, allowing the home owners and the HOA to do what is specified in the contract.

Most HOA contracts specify that you dont really own the home or the property it sits on....you own a certain percent share of the whole. There lots of different ways to set this up...so your situation may vary.

In those cases, most often you will have a right of exclusive use....but the HOA also has rights, even on your "property". Its all spelled out in very complicated legaleze....usually referencing hundreds of civil code sections...not easy to digest.

Best thing to do really...is either participate in the HOA meetings or simply sell the property. Fighting the contracts can be expensive...and since you did not CHOOSE this place....its probably not the right fit for you.

[BBMW]

^
I'm the president of a residential cooperative apartment building in NYC. That has the organization you're talking about. We own shares in the coop corporation, and those shares come with the right to a lease on one of the units.

Having said that, my understanding is that with most HOA communities, the homeowner owns (holds deed to) the land and building, but that there are covenants attached to the deed that give the HOA the right to make and enforce rules on the property and it's residents.

And, BTW, the OP has likely checked out. A one post wonder. So we're likely discussing this just for our own entertainment.

[lvmensch]

You folk are getting to far into things that you don't fully understand. And much of it can get trickly.

Coops are not done here...or at least I do not know of one. In fact the only place I have seen them commonly used is in NYC. In a coop the ownership is shares in the corporation. No one owns anything directly. You own a part of the Coop corporation and the right to lease some particular piece of the coops property. The are interesting in that the membership has far more control over who can buy into the coop and often exercise that control. If the coop board does not like your buyer you cannot sell to him.

In Las Vegas the HOA is the dominant form but there are many variants. In the conventional condo people own the air inside the unit to the paint on the walls. Everything past the paint belongs to the HOA. But be careful. That does not mean the HOA is responsible for everything past the paint. You may well find out there are things like plumbing where the HOA owns it and maintains it but the cost is the responsibility of the owner. For instance if a water line to your unit leaks fixing it is the job of the HOA. But they will bill you for the cost and your insurance will have to pay for damage to other units.

Other HOAs use a different structure. In some town houses the entire structure and the slab belong to the owner. But the surrounding land is held by the HOA excepting perhaps a courtyard or a backyard.

And there are still other variants where the HOA owns the outer skin of the home and the roof. So paint and roofing and the external landscaping is maintaied by the HOA.

And there is even another variant where the externals are owned by the owner of the town house but the paint and roof is maintained by the HOA which bills the coaswt back.

And there art other schemes ...the whole unit is owned by the front yard is HOA property. So all front yard maintenance is done by the HOA.

There are others where the HOA does nothing but maintain the landscaping at the front of the complex...

So a very variable arrangement. You need to look at the specifics.

[Vegas1955]

Heritage Square South is under Investigation by the Ombudsman. There is an internal audit going on right now and another drug dealer criminal has been hired to do our night host security.

[tijlover]

I biked up to Smith's, Flamingo/Sandhill, a couple weeks ago, early morning, riding up Sandhill, passing Heritage South, and I was quite surprised to run into a Heritage South Security Vehicle leaving the complex, I had no idea they had roving security there, and who's paying for it? Higher HOA fees?

Down the street here in Greenbriar, (we still have lush green lawns everywhere, like Heritage South and Heritage North)we ended our security patrols a couple years ago, finding that too many of the guards were parking somewhere and spending too much time on their smartphones. I walk my ferret, occasionally, around the complex, between 2-4am, and I testified to the time wasted on their smartphones, and doing very little patrolling. With all the ferret walks I've done in 20 years here, early morning hours, I've never felt frightened at all, even by the homeless who come thru the alleys on Trash nights.

Sometimes they'd do some very speedy drives thru the alley's, roads, but, overall, a total waste of money to the Association!

[foundapeanut]

Originally Posted by msnmunited

I'm guessing you aren't familiar with Hoa's. Do you live in another state?
ARe you from out of the US?

The board President today advised me that the board can take photos/ videos of residents in its own discretion including private home functions.

No it is not illegal. If you are violating the rules they take picture for proof. For example if the cut off time is midnight for a party and you are still going at 2am. You will get fined and this way they have proof. Who ever you are inheriting from, they signed the agreement in the CC&R's. This not the time to practice being paranoid.
I do not not believe this is legal. Please be aware that your board members are invading our rights to privacy.
You are wrong

Further, the board refused to give a hard copy of the HOA information. Referred me to peruse online, in violation of said requirements.

Look around inside the property you are inheriting, they might have a copy there already. We keep a copy of our's in a large safe. Frankly why should they spend an employees time and paper to print you out what you can do yourself.

I inherited the property. I have not agreed to the terms as of this date. Is there a legal concern here?
You have no choice whether to agree or not. you will not win this battle as you would be in violation of the rules agreed upon by your parents or whomever. You will be forced to sell. They will get their attorney's and if its a well run HOA they have the money and you'll end up paying for it. They'll put a lien on your property to get fees back.

The board President also refused to take all property concerns of safety, relating that County and City rules do not apply and that notification to those entities construed threatening the HOA and would result in HOA not having to interact with me. Any help or suggestions would be appreciated.
Thank you

Sorry need to be less vague here. Like someone else said might be a private property HOA.


Go to the ombudsman office. Good lpace to start and they can tell you if you need an attorney. Some of the HOA's here are very strong on rules. The ones with the high dollar properties. Now is a great time to sell. Homes priced right and no offensive interiors in ours are selling within 2 weeks.

[crabtrees]

I was interested in buying a home in Green Valley a while back. The HOA was only $18 a month so basically the fee just covered the cost of having an HOA. I decided to look up CR&Rs and suprisingly found a copy online. It was a very small packet of maybe 5 pages, but one of the rules that I found hard to believe was the expressed rule that the HOA board members could enter the residence without the owner's consent if reported violations were not being fixed. This was a nice neighborhood with $400k+ houses, not some ghetto neighborhood. It wasn't too much of a concern for me, but I still thought it was an action that I consider way beyond what an HOA should have the right to do.

[skugelstadt]

Originally Posted by crabtrees

I was interested in buying a home in Green Valley a while back. The HOA was only $18 a month so basically the fee just covered the cost of having an HOA. I decided to look up CR&Rs and suprisingly found a copy online. It was a very small packet of maybe 5 pages, but one of the rules that I found hard to believe was the expressed rule that the HOA board members could enter the residence without the owner's consent if reported violations were not being fixed. This was a nice neighborhood with $400k+ houses, not some ghetto neighborhood. It wasn't too much of a concern for me, but I still thought it was an action that I consider way beyond what an HOA should have the right to do.

I'm assuming this means entering the property to correct violations, not enter the house itself. Our HOA rules have a similar statement.