Mesquite homeowner says HOA making it hard to sell home

Q: My wife and I are seniors living in a Mesquite retirement community that is still under development. We have been desperately trying to sell our property for almost a year with very little success. We knew that when we moved to this community that it was driven and controlled by a homeowners association, unfortunately, we didn't realize just how little influence the homeowner has here.

My question is why is this the only HOA in Nevada, (that I can find), that discriminates against seniors by making the resale of property within the development so difficult?

Case in point: We cannot post any real estate for-sale signs in front of our home. We can't have a for-sale sign in the window of our own property. We can't have an open house without being in violation of the HOA's rules. It is so incredibly hard to market our property.

We are only allowed to hang a mundane Multiple Listing Service house "badge" on the flag post on our garage. Not one of the visitors, seeking to buy property, driving down our street is aware that this "decoration" is an indication of a resale.

When I see traffic that I'm unfamiliar with driving down our street, I kindly stop them and have a friendly chat. I always ask if they know how to locate resales, and I get the same answer every time, "no." And to add insult to injury, the developer no longer builds homes with flag posts on the house, so now there's absolutely no place to hang the "MLS decoration." What a joke. That flag post is now an option. Go figure.

Can you shed some light on whether this act is legal and do we (all of use trying to sell) have a chance to fight this legally or perhaps get the media involved and exposure these tactics; or am I just wasting your time and mine. We are actually imprisoned by this HOA. We can't do anything. The only way to get out of here is to die... and I can't find that anywhere in the covenants, conditions and restrictions.

A: Many associations have similar restrictions. It is not a case of the association discriminating against senior citizens.

In this modern age of technology, marketing homes are found on various websites, many of which virtually tours the home and community. The ability to reach multiple potential buyers beyond having a sign in front of your house from these sites are changing the way homes are being sold.

There are many reasons why a home does not sell quickly, including the asking price. You did not indicate if you are using a real estate licensee to assist you. If the home is being listed by a real estate company then you need to evaluate the effectiveness of its marketing. It probably is time for that have a discussion with your agent.

If this is a sale by owner then you need to consider finding a real estate agent.

Finally, it is so important for potential buyers of homes within an association to review the governing documents prior to signing that bottom line to review what restrictions exist. These sales restrictions probably were in the documents prior to your purchase of their home.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.