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HOA may not be great place to make a movie

My question has to do with nailing down whether or not it would be OK to use a home in a homeowners association as a set for a movie production through the Nevada State Film Commission.

In other words, what would prohibit it, or what would make it OK to proceed under certain agreed-upon guidelines? Although HOAs don’t allow commercial businesses to operate within the system, this obviously would be a one-time thing, not falling under that particular heading of an ongoing business venture.

You would have to present your proposal to your board of directors. The board would review its governing documents to first determine whether the movie production would violate any regulation. A very detailed contract would need to be submitted to the board from the production company. This proposed contract should be reviewed by a law firm that has attorneys who specialize in association laws, contracts and entertainment.

There are many questions a board would want to be addressed, from the story line to the length of production time to the actors. Would other areas of the association be filmed? What kind of equipment would be used? Would the production require the use of large heavy equipment that could damage common areas? Where would you store the production trucks? What about the homeowners who reside adjacent to the home?

My business instincts tell me that on a score from 1 to 10, the movie production idea would not be higher than a 1 (low rating). I see too many issues with little to gain. The production might not be an ongoing business venture, but it is definitely a commercial operation.

We live in a HOA that has a 98 percent ownership of retired people. Some snowbirds. Some of the owners rent their units. Often, when we get renters they are in the 20 to 30 years old age group. And often they end up causing noise and partying problems.

Our original HOA incorporation did not include a provision stating a 55-plus age requirement. Is there any mechanism by which we could require the property managers who rent these units to have a 55-plus age requirement on their prospective clients?

Sorry, but you are out of luck. Unless your governing documents explicitly has the 55-plus age requirement, you cannot require any owner or their representative to rent homes to prospects that meet the age restriction. Your association can contact your legal counsel to determine the feasibility of changing your covenants, but you will soon find out that there are too many legal stumbling blocks.

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

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