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After 8 years, can an how lose its right to enforce a rule…

Customer Question
After 8 years, can...

After 8 years, can an how lose its right to enforce a rule through acquiescence?

Lawyer's Assistant: Where is the property located?

Allen Manor HOA, North Las Vegas, Allen Lane between Centennial Pkwy. and Tropical Pkwy.

Lawyer's Assistant: Has any paperwork been filed?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The new board of directors are trying to clean up the community. People are planting anything they want in their front yards without going through the approval process.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/8/2017
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,115
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 7 months ago
ok, also I meant can a hoa lose, not how lose in my question.
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago

Yes. I understand. I am doing a little research for you. Hold, please.

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Customer reply replied 7 months ago
I do not wish to call you. Thank you anyway.
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago

That is fine. We can continue it the Q&A. The law is a bit mixed on the issue. There could be an argument that an HOA loses its right to enforce a rule through acquiescence. However, this mostly entails when there is something that the property owners changed so much that conforming to the rule now would be harmful or possibly unduly expensive. In any event, the Nevada Supreme Court has held that an HOA can enforce certain covenants even if another covenant was not enforced.

We can continue to discuss this. I am happy to continue help you.

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Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago

Do you have any further questions? I am happy to address them.

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Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge so I can get paid for the service I provided to you. Best regards.

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