Homeowners Association Rights and Responsibilities
Understanding a homeowners association’s rights and its responsibilities to the owners of the individual lots or units in the community can be complex. In Nevada, those rights and responsibilities are governed by the Uniform Common Interest Ownership Act (NRS Chapter 116), as well as the association’s governing documents (usually its corporate bylaws and its declaration of covenants, conditions and restrictions (CC&R).
Some older HOAs may not have a recorded declaration of CC&Rs, and only a generally worded rulemaking power set forth in its bylaws. In that situation, the HOA has the power to govern and restrict the use of the common areas within the community. Absent a recorded declaration of CC&Rs, however, the HOA typically does not have the power or authority to restrict the use of the individually owned properties in the community.
If you have questions about an HOA’s ability to govern or restrict the use of individually owned lots within the community, contact one of the attorneys at Lemons, Grundy & Eisenberg to see if we can further assist you.