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Barrister
Barrister, Lawyer
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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Would NRS 11.190 (b) include CC&Rs as an "instrument in writing?" N

Resolved Question:

Would NRS 11.190 (b) include CC&R's as an "instrument in writing?"

NRS 11.190  Periods of limitation.  Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1.  Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello again,
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Would NRS 11.190 (b) include CC&R's as an "instrument in writing?"
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No, because CCRs are basically HOA administrative laws and they never expire. Since they never expire unless there was something specifically in the Bylaws or Articles setting an expiration, they would be applicable indefinitely. So if you had a violation 5 years ago and never cured it, it would still be a new violation today under the CCRs.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

What I am trying to determine is how long an HOA can sit on a compliance notice. What about Laches and waivers?

Expert:  Barrister replied 1 year ago.
That would be your better argument if they knew about the violation and never took any action on it for a substantial amount of time. The other closely related argument would be "equitable estoppel" which is like laches and basically means that if they took a position for a length of time (i.e. not taking any action) then it would be unfair for them to be able to now reverse that position and try to penalize someone for a violation. It is essentially a waiver argument that says if they don't act within a reasonable time, then they should be prohibited from doing so, especially if the other side has acted in reliance on them not taking action..
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22673
Experience: 14 years real estate, Realtor. Landlord 24+ years
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