Law says HOA cannot prohibit rentals in community

Q: Just a quick question about rentals in our subdivision. We’ve been here for 12 years now and ever since the recession, a lot of the foreclosed homes in our housing track have been bought by Realtors and speculators and rented out. This has kind of helped keep our home values down some. Our homeowners association says there was no limit on rentals set in the bylaws, so there is no way they can stop owners from renting their homes. They say they can’t change the original rules. If enough owners, living in the

If enough owners, living in the subdivision, protest at the meeting, can the bylaws be changed to say there can be no more than 25 percent to 30 percent rentals in our housing area? There are 400-plus homes here and at least 200 are rentals. Can the bylaws be changed and, if so, what does the board have to do? Thanks for any info you can give us.

A: Unfortunately, the answer is no. Nevada Revised Statutes 116.335 subsection 1, states that “unless, at the time, a unit’s owner purchased his or her unit, the declaration prohibited the unit’s owner from renting or leasing his or her unit, the association may not prohibit the unit’s owner from renting or leasing his or her unit.”

The legislators would have to make a change in the law to once again allow associations to place limits on the number of rentals within their communities. I have yet to see such a bill since this law was passed.

Unless homeowners, and not just board members and community managers, begin to speak out to their legislators that their communities are turning into apartment/rental communities, no changes will happen. I have received multiple letters from homeowners expressing their concerns about this issue.

You should send a letter to your state senator and state assembly person to discuss the issues your community is facing and ask for their support in drafting a proposed revision to the current law for the 2017 legislative session. This will not be an easy bill to pass both houses and be signed by the governor. It will be a battle as investors will try to stop any changes in the law.

I would encourage all readers of this column, to do the same.

On a local level, you may want to contact your Clark County commissioner as the county is considering changing their ordinance to allow short-term rentals. Southern Nevada homeowners will have a much better chance in lobbying their commissioners to say “no” to short-term rentals.

Q: We owners received a paper notice (management company newsletter) of a special HOA meeting. The notice said “the agenda will be posted on the website three days before the meeting. Use your login and password to view.” About 65 to 70 percent of the owners do not have computers.

Is this legal? Or should I file a complaint with the state Ombudsman?

A: NRS 116.31083 (4) states that the notice of the meeting of the board of directors must include the time and place of the meeting, as well as a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the owners. The notice of the meeting should be sent not less than 10 days prior to the meeting date, unless your association’s governing documents require a longer notice period per NRS 116.31083 (2).

As to your concern, more and more associations are noticing homeowners by eblast or by posting information on the website to save on costs, and because the preference of digital communication is becoming more popular. In consideration of those homeowners who do not have computers, many associations will have copies of the agenda at the clubhouse or will mail agendas for those owners who have requested them. You should communicate your concerns with the management company and with the board of directors to modify their procedure in providing the agendas to homeowners.

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