Crime spree raises hackles of Vegas HOA

Three months after a homicide shook a quiet northwest Las Vegas Valley neighborhood, residents say HOA laws have hamstrung their ability to govern themselves and keep their community safe.

Ironwood Estates is an upscale community near Fort Apache Road and U.S. Highway 95. The homes, whose tax-appraised values average $500,000, are filled with neighborly people, for the most part, residents say. But the actions of a few irresponsible people, exacerbated by a killing last summer, have pushed some residents and the community’s HOA over the edge.

Just after 12:30 a.m July 28, Las Vegas police found 19-year-old Morland Richeyelder unresponsive with gunshot wounds. He had been shot at a house party attended by about 70 people, police said. He was pronounced dead at the scene.

The Review-Journal received a series of letters from concerned homeowners, many of whom asked that their names be withheld out of fear of retribution.

“Our small community of 178 homes has hosted at least four brothels, a counterfeiting ring, a chop shop, a drug ring, a meth lab, an auto repair business, unlicensed pit bull breeders, homes being run as boarding houses, as well as houses being rented as short-term ‘party’ rentals,” wrote Larry Fuss, vice president of the HOA. “Even traffic is a problem.”

Fuss has lived in the Ironwood community for 11 years, serving on the HOA board about six years.

“Most of the riffraff and the chronic offenders are tenants. Unlike homeowners, they have no financial stake in the neighborhood and they simply don’t care what goes on,” he wrote. “The Legislature has stripped HOAs of virtually all power, yet the city won’t step in and enforce traffic laws, nuisance laws, licensing violations, or anything else for that matter.”

Residents said the Legislature’s actions in past sessions have limited their power to enforce their governing documents and taken away their ability to put a cap on the number of rental properties within the community. Thanks to the Legislature, the board cannot even issue citations for infractions, because people just ignore them, they said.

“I am really nervous about our future in a gated community where the (covenants, conditions and restrictions) that everyone signed and agreed to are not adhered to, and the HOA board is unable to enforce the rules and regulations or hold the renters/homeowners accountable and responsible. The city says they can’t come inside and do anything and the legislature seems to want to write off people that came here,” wrote one homeowner.

While homeowners like Fuss complain of an increase in crime in the area, most of the concerns seem to center around a single residence.

Over the past six months, Metro has received just five crime reports in the gated community. Those reports include the July 28 homicide, two home burglaries, one case of disturbing the peace and one of destruction of property. The destruction of property was caused by a stray bullet from the shooting that wasn’t found until the next morning, Metro Northwest Area Command Capt. Chris Tomaino said.

The house where the shooting happened, though, has been an issue. And while it doesn’t rise to the legal level of a “nuisance,” meaning it actually interfered with neighbors, it was considered a problem house after officers spoke with homeowners in the days following the homicide who voiced several complaints about the residence, including noise and parking issues.

The seven-bedroom, 6,000-square foot house was part of the Housing Choice Vouture program, formerly Section 8, a federal government program that assists “very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing,” according to the U.S. Department of Housing and Urban Development’s website.

The voucher comes with obligations, which include a zero-tolerance for violence or crime at a house using the voucher program, according to Deloris Sawyer, director of housing programs for Southern Nevada Regional Housing Authority.

So, after the homicide, the homeowner’s voucher was revoked, Sawyer said.

Barbara Holland is the founder and president of H&L Realty Management Co. and writes a Saturday column for the Review-Journal. The self-described “Dear Abby of homeowners associations” said Nevada’s housing and eviction statutes are in constant flux and can be hard to navigate.

“I think sometimes people in the Legislature forget the words are ‘home owners,” she said.

And she agreed the previous legislative session made it harder for HOAs to enforce bylaws and forces them to jump through more hoops. But there are still options for dealing with threats to the community.

You just have to know the processes, Holland said.

If everyone works together, neighborhood watch programs can be effective, she said. Increasing or establishing security patrols is another option, albeit a pricey one. And homeowners with unruly tenants can always decline to renew a lease agreement.

“You really need to document the violations,” Holland said. “You really have to show cause.”

If you really have the most horrible tenants, Holland advised HOA boards to let the homeowners know they may face successive fines until the problem is corrected. And while it is a difficult process, the law does provide for the foreclosure of homes in a common interest community if there’s a documented threat to the health, safety or welfare of neighbors. Documented nuisances will also expedite the process.

“It’s always easier to foreclose on (a property with) unpaid assessments,” Holland said.

Ideally, Holland said, HOAs would have the authority to do criminal background checks on prospective tenants, but current law only grants a board access to the renters’ lease agreements.

State Sen. Scott Hammond, R-Las Vegas, represents the area. He said he is aware of the issues and is talking with residents.

“It’s an issue that’s been ongoing,” Hammond said. “There’s a very definite balancing act.”

Hammond said that while some HOAs have abused power in the past, enforcement should never have become so difficult that it results in a shooting. He wondered why police let the house party get so out of control.

“I understand their plight,” Hammond said. “I want to find out what we can do about this problem.”

But Holland said skeptical residents might have more luck getting results through the County Commission. She said because state legislators are often more susceptible to special interests and investors, concerned residents can have more influence on local politicians such as council and commission members.

Las Vegas City Councilwoman Lois Tarkanian has been active this summer trying to rein in party houses and nuisances in residential areas and giving concerned residents hope.

“Organize yourself,” Holland said. “Bus to the committee. Bombard the commission.”

Review-Journal writer Colton Lochhead contributed to this report. Contact Wesley Juhl at wjuhl@reviewjournal.com and 702-383-0381. Find him on Twitter: @WesJuhl.