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On the Commons with Senator Mike Schneider Print

Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
Almost half a century ago the idea of creating little private residential enclaves, complete with the power to levy assessments, adopt rules and enforce them was hatched.  While the original goal of providing local governments with a means of collecting free tax dollars worked perfectly, the many problems this housing concept created have made the dream of homeownership a nightmare for many.  Over the past decades some legislators have attempted to "fix" the problems.  Have they? 
On The Commons this week we are joined by Senator Mike Schneider.  Mike, a Nevada State legislator has been the go to guy in Nevada for HOA and condo problems.  He has introduced legislation designed to provide some form of oversight for his constituents but has it worked and is it enough?  Please join us On The Commons this Saturday, May 29, 2010.  We'll get caught up on the latest from Nevada.
Listen to Senator Mike Schneider   

User Comments

Comment by GUEST on 2010-08-07 14:35:09
Nevada has close to 3000 HOAs with around one million people living within. All Condos Co ops & Homes are governed by a Statute called NRS 116, NRS 116A & B. 
These are 3 very complex sets of statutes that allow for never ending disputes between Owners and their Boards. There are good and bad sections in these laws.  
If you get into a dispute over the Governing Documents ( the CC&Rs) you MUST go to Mediation, Non Binding or Binding Arbitration. According to the Real Estate Division 85% of Homeowners who go this route LOOSE with the Arbitrator or Mediator usually making the Homeowner PAY ALL the Legal costs of the Associations Attorney & the Arbitrators fees which can run up into the THOUSANDS of Dollars! Here in Nevada it is not uncommon to see awards AGAINST the Homeowner in the $20,000 to 50,000 Dollar range! 
The State Legislature keeps tightening the laws governing Associations here to the point that Owners' Civil Rights are taken away. The State says that the Statutes override what your CC&Rs say even though the CC&Rs are a Contract between you the Owner, & the Association. 
I for one have been at odds with mt Association for failing to either follow State laws or our CC&Rs.  
In the latest case my Board FAILED to hold a budget ratification meeting & they admitted it. I took them to Non Binding Arbitration and LOST. The Arbitrator and the HOA attorney had shall we say a "friendly" relationship with 17 EX PARTE phone conversations. 
In Nevada AFTER you spend a great deal of money in Arbitration you can then go to Court and spend even more money fighting. In my case the Arbitrator awarded all the HOAs legal costs plus his fees against me to the tune of $22,109.00. 
I have filed 2 law suits. The first a Writt of Mandamus against the State of Nevada for failing to "Administer" the Arbitration statute, the Arbitrator for exceed his authority - Violating the American Rule and the Association for failing to follow the CC&Rs. 
The Second suit is against the Association ( Rancho Bel Air ) for failing to comply with the State Statute. 
There have been many other abuses by my Board and I hear of many other abuses against Owners in the Las Vegas area. 
I can only imagine what goes on elseware in the US. 
We NEED FEDERAL Regulations to restore Owners Rights and curb the endless fines heaved at Owners for minor infractions or bogus  
" vio;ations" 
702 822 4555 

Comment by GUEST on 2010-05-31 09:20:07
Very interesting discussion - shows a common theme of HOAs all over the country using Gestapo tactics (I've declared HOAs to be a fascist occupation of America). The HOA goes to arbitration and puts up a "better show", filing volumes of "documentation" that isn't necessarily true or even relevant, the tactic is to bury the arbitrators with a "blizzard of paperwork". Then within a few weeks the HOA atty goes to district court and files for attorney fees and other mystery fees behind the backs of homeowners, showing their true colors (in my opinion cowards and terrorists). These HOA attorneys bend and break the laws without any consequences because homeowners become terrified and lose faith/respect for the justice system and the law and simply pay the extortionists to make it all go away, then become depressed and sell and run away if they can. When property owners lose respect for the law and "owning property" becomes a liability, we have lost our republic to this HOA industrial

Comment by GUEST on 2011-07-30 12:11:35
I have gone through two arbitration hearings on just over one year. Lost both to arbitrators that ruled contrary to the CC&R's,state and federal law and contrary to the evidence presented. Our Ombudsman office and Department of Real Estate is a total joke! I have now filed two lawsuits, one in state and one in federal court. The federal court will only handle the discrimination issues. There is not an effective system established to protect the homeowner against HOA's. The Ardiente HOA where I live in North Las Vegas is run by a Board gone rampet.  
Mike Sanzaro 
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