We are a Nevada HOA. We notice that many of our yards in the subdivision have weeds in the back. This constitutes a fire hazard. Our CC&R's give us the authority, after notice and a hearing, to enter the property and abate a neuisance and charge the owner/bank. Our management company says we have to file an NRS chapter 38 (arbitration) before we can do this. This means legal fees and involving an attorney. Nothing in the NRS 116 makes this stipulation. Is our management company correct?
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Yes, I am still waiting for an answer. This question is very important to our HOA. Thanks.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Hello and thank you for allowing me the opportunity to assist you.I'm sorry to say that the management company is correct. The law states:NRS 38.310 Limitations on commencement of certain civil actions. 1. No civil action based upon a claim relating to: (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,Ê may be commenced in any court in this State unless the action has been submitted to mediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted. 2. A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.I wish that I had better news.I regret that my answer is generally unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer. If your concerns were not satisfactorily addressed, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to give me positive feedback (3 or more stars/happy faces) so that I will receive credit for my time (doing so does not end our discussion).Thank you and good luck!
Our CC&R's and NRS116 tell us that to be able to abate a nuisance we have to 1) provide notice and 2) provide a hearing before entering the property. There is no mention of filing a chapter 38 (or the first step in a law suit). The management company tells us we have to file a chapter 38 regardless of what the notice and hearing produces. I think that a chapter 38 should be filed only where there is a dispute. I understand that a civil suit needs to be arbitrated. But I am puzzled as to why this isn't mentioned in the NRS116. Any insight you can offer here would be greatly appriciated.
NRS 116.310312 Power of executive board to enter grounds of unit to conduct certain maintenance or remove or abate public nuisance; notice of security interest and hearing required; imposition of fines and costs; lien against unit; limitation on liability
3. If a unit is vacant and the association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031, the association, including its employees, agents and community manager, may enter the grounds of the unit to maintain the exterior of the unit or abate a public nuisance as described in subsection 2 if the unit’s owner refuses or fails to do so.
4. The association may order that the costs of any maintenance or abatement conducted pursuant to subsection 2 or 3, including, without limitation, reasonable inspection fees, notification and collection costs and interest, be charged against the unit. The association shall keep a record of such costs and interest charged against the unit and has a lien on the unit for any unpaid amount of the charges. The lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.
Hi again.I'll clarify: There is no requirement to mediate before cleaning up the mess and sending the owner a bill. But, in order to enforce the bill, mediation is first required.So, let's say that you clean up the mess and send a bill. If the owner refuses to pays, then you're okay. But if the owner refuses to pay, then what are your options? There are only two options: (1) do nothing, or (2) take legal action against the owner. In order to take legal action against the owner, you must abide by 38.310, which requires mediation.Does that help to clarify? Please remember to leave positive feedback, and let me know if you need more clarification.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).