75°F
weather icon Clear

HOA bill’s death urged

CARSON CITY — Gov. Jim Gibbons is being bombarded with phone calls and e-mails from people asking him to veto a homeowners association bill that they contend would give too much power to the associations’ boards.

Among their objections is a section in Assembly Bill 396 that would let association boards boost monthly assessment fees without seeking approval of members.

But Las Vegas lawyer Michael Schulman wants the bill vetoed because he maintains it goes too far in restricting what the associations and their boards can do to ensure the beauty and safety of their communities.

He complained that the bill would prevent the associations from using radar guns to enforce speeding laws and allow "rolling shutters" to be installed in common areas.

Shutters can be unsightly when installed on the outside wall of a large condominium complex, he said.

Schulman said Donald Trump and other famous developers are not going to construct large condominium complexes in Las Vegas if "Mrs. Smith" can put a shutter on the outside of her unit and spoil the look for 100 others in the same building.

He said it "seems stupid" that the Legislature would not allow the use of radar detectors on homeowners association roads, particularly when some have children wandering around.

"What the Legislature is saying is don’t use radar guns and don’t regulate speeding at all," Schulman said.

He said a survey found 92 percent of owners are happy with their homeowners associations and do not want a lot of interference from the Legislature.

State Sen. Mike Schneider, long the key legislator handling bills dealing with homeowners associations, said he is aware of the opposition to the bill and visited with Gibbons in his office Wednesday.

"He indicated to me he would not veto the bill," said Schneider, D-Las Vegas.

Brent Boynton, Gibbons’ communication director, said Gibbons has received "literally hundreds" of e-mails, letters and calls from people who want him to veto the bill.

The governor has until midnight Friday to make a decision.

Boynton said the letters and e-mails have widely different views, some supporting homeowners associations and others criticizing them.

One of those who supports the bill is Kevin Janison, an author and former broadcaster who successfully battled the Summerlin North Community Association for the right to have a basketball hoop on the street in front of his home. After he and his wife fought a four-year battle, a judge allowed him to keep the basket up eight months of the year.

Janison said AB396 outlaws "delegate voting." Under the concept, homeowners association boards cast ballots from people who do not vote in board elections as voting for the current members. As many as 98 percent of homeowners do not vote in board elections, he said.

"They get to cast the votes for themselves," Janison said. "They become lifetime board members. I call it the Saddam form of democracy."

Janison said he appreciates legislators approving the bill because they know what homeowners are thinking. He said legislators walk their districts, and the No. 1 concern they hear from people is, "Do something about my HOA. It is too overreaching."

Schneider, responding to criticism that AB396 would allow homeowners associations to set assessments without approval of unit owners, said that clause only clarifies existing law and is needed to ensure proper upkeep.

"People (in homeowners associations) vote on fees like they are taxes," said Schneider, meaning they will not support higher assessment fees. "If you don’t fund needed fees, you are hurting other people because the property cannot be properly maintained."

Schneider cited an association that had monthly fees of only $56, but the development needed $1.5 million in repairs to roads and common areas.

Under the bill, boards of homeowners associations could impose assessments on owners to cover five years worth of major repair costs "without seeking or obtaining approval of the units’ owners" if a study shows the need to accumulate reserves for future repairs.

The senator said much of the opposition has been organized by Schulman, whom he called a "construction defect lawyer" looking for more business.

"They lost in the Legislature, so now they are trying to win with a veto," he added.

Schulman said he sent a five-page letter to Gibbons in which he blasted a provision in the bill allowing "rolling shutters" to be installed in common areas.

"I believe the drafting of this section was at the behest of one or more special-interest groups who sell rolling shutters," Schulman said.

A source said Schneider is friendly with representatives from Rolladen Shutters.

"To say I did it to help a friend is pretty ridiculous," Schneider responded. "It was done to help consumers."

He said the shutters can cut electricity costs by 50 percent in Las Vegas summers and provide security. But Schulman said ways exist to install shutters inside the home.

Schneider said the bill blocks homeowners associations from assessing "transfer fees" of as much as 1 percent when a member sells a home to another person.

"That is highway robbery," he said.

Don't miss the big stories. Like us on Facebook.
Politics Videos
Kamala Harris campaigns in Las Vegas
Democratic Sen. Kamala Harris castigated President Donald Trump’s merit-based immigration plan, saying it was “short-sighted” and overlooked the cultural significance of family, during a campaign stop in Las Vegas. “We cannot allow people to start parsing and pointing fingers and creating hierarchies among immigrants,” Harris told Asian Pacific Islander leaders at a Chinatown restaurant, one of two appearances she made Thursday.
The Right Take New Education Funding Plan - VIDEO
On Monday, Senate Education Committee chair Mo Denis, D-Las Vegas, released a new education funding formula. For years, many Democrat politicians have criticized the current education funding formula, called the Nevada Plan. They claim it’s old and outdated. Their biggest beef is that it doesn’t allocate more money for students who are English Language Learners or live in poverty. The theory is that it’s harder to educate those students and so they need additional services, which costs additional money.
Kamala Harris campaigns in Nevada
California Senator Kamala Harris meets with One APIA Nevada, a nonprofit organization that advocates for policies empowering Asian Pacific Islander Nevadans. (Michael Quine/Las Vegas Review-Journal)
Ben Carson talks housing (Audio only)
Ben Carson discusses housing with the Review-Journal editorial board on Thursday. (Audio only)
Ben Carson visits the RJ (Full Audio Only)
Ben Carson discusses housing with the Review-Journal editorial board on Thursday. (Audio only)
Former Vice President Joe Biden campaigns in Nevada
After campaigning at the International Union of Painters and Allied Trades District Council 16 in Henderson, former Vice President Joe Biden spoke with the Review-Journal.
Student serenades Mayor Carolyn Goodman at swearing in
Students from the school she founded, The Meadows School, serenaded Las Vegas Mayor Carolyn Goodman during a swearing in ceremony for her third and final term. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Al Gore Speaks At UNLV About Climate Change - Video
Former Vice President of the United States Al Gore talks to an audience at UNLV about the effects of Climate change and how to switch to renewable sources of energy.
Forum on Wages and Working People Highlights - VIDEO
Presidential candidates Elizabeth Warren, Beto O'Rourke, Kamala Harris, Amy Klobuchar, Julian Castro, and John Hickenlooper speak in Las Vegas, Nevada.
Nevada Politics Today Valerie Weber - VIDEO
Valerie Weber sits down with Victor Joecks to discuss her policies and why she is running for Ward 2 of the Las Vegas City Council.
Cory Booker speaks at UNLV
US Senator Cory Booker speaks at UNLV during a Young Democrats meet and greet on Thursday, April 18, 2019. (Mat Luschek / Review-Journal)
May-Brown describes why some with disabilities need the subminimum wage - VIDEO
Eliminating the subminimum wage will end training and work opportunities for some members of the disabled community. Instead of doing something productive, they would be relegated to adult day care. That’s according to Tracy May-Brown, Opportunity Village’s director of advocacy, board and government relations.
Commission’s decision will delay Red Rock Canyon development
The Clark County Commission Wednesday rejected a developer’s request to approve a preliminary plan for 3,000 homes overlooking Red Rock Canyon before a federal agency grants permission for a roadway leading to the site.
Clark County commissioner calls on landlords to bring properties up to code
Clark County Commissioner Tick Segerblom has called on landlords in older parts of the valley to bring their properties up to code and keep them well-maintained or face the prospect of inspections, fines and citations. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Harry Reid speaks out against anti-Semitism
Unnerved by the rise in anti-Semitic hate speech and the general pervasiveness of bigotry, including in Nevada, former U.S. Sen. Harry Reid organized an educational forum at UNLV on Thursday as part of his call to unite people against it. (Shea Johnson/Las Vegas Review-Journal)
President Trump speaks to the Republican Jewish Coalition in Las Vegas
President Donald Trump spoke at the Republican Jewish Coalition’s National Leadership Meeting in Las Vegas and updated on Israeli relations. (Heidi Fang/Las Vegas Review-Journal)
Trump says border wall will have 'hundreds of miles' built by end of next year
President Donald Trump spoke at the Republican Jewish Coalition’s National Leadership Meeting in Las Vegas and discussed the progress of the border wall and the current relations there. (Heidi Fang/Las Vegas Review-Journal)
Protesters disrupt Trump's speech
Just as President Donald Trump started to make his opening remarks during his appearance at the Republican Jewish Coalition’s National Leadership Meeting, protesters disrupted his speech. (Heidi Fang/Las Vegas Review-Journal)
Roerink On The Problems With Taking Water From Eastern Nevada - Video
The Southern Nevada Water Authority wants to take billions of gallons of water that doesn’t exist from Eastern Nevada via a pipeline that would cost ratepayers $15 billion. Doing so would devastate the wildlife and people who live there. That’s according to Kyle Roerink, executive director of the Great Basin Water Network, which opposes the pipeline.
Las Vegas Election Night Wrap-Up
The Review-Journal's Politics and Government Editor, Steve Sebelius, wraps up election night. (Mat Luschek / Review-Journal)
Olivia Diaz Speaks To Ward 3 Supporters After Primary Election - Video
Olivia Diaz speaks to her supporters at a election party after results started coming in for the Ward 3 primaries.
Oscar Goodman Speaks On Behalf Of Mayor At Primary Win (edited)
Oscar Goodman spoke Tuesday night on behalf of his wife, Carolyn, who won the mayoral primary election. (Mat Luschek / Review-Journal)
Oscar Goodman Speaks On Behalf Of Mayor At Primary Win (Full)
Oscar Goodman spoke Tuesday night on behalf of his wife Carolyn, who won the mayoral primary election. (Mat Luschek / Review-Journal)
Gun Debate Shows Limits Of Government - Video
On Monday, the Assembly and Senate Judiciary Committees held a joint hearing on Assembly Bill 291. It would ban bump stocks and allow local governments to pass additional restrictions on firearms.
Lucy Flores speaks out about Biden incident
Former Nevada assemblywoman, Lucy Flores, expresses her feelings about an incident with former Vice President Joe Biden in 2014. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Harry Reid takes the stand in injury lawsuit
Former U.S. Sen. Harry Reid took the stand on Thursday in the product liability lawsuit brought against the makers of a resistance exercise band that Reid blames for blinding him in one eye.
Jurors hear opening statements in Reid personal injury trial
Opening statements were made on Tuesday in the product liability lawsuit brought by Harry Reid against against the makers of a resistance exercise band that Reid blames for blinding him in one eye.
Mayor Goodman delivers Meals on Wheels
Mayor Carolyn Goodman delivers Meals on Wheels to seniors on March 26, 2019.
Las Vegas City Council Ward 1 race
Candidates for Las Vegas City Council Ward 1. (Shea Johnson/Las Vegas Review-Journal)
Beto O’Rourke campaigns in Las Vegas
Democratic presidential candidate and former Texas congressman Beto O'Rourke addresses attendees during a campaign stop at Arandas Taqueria in Las Vegas on Sunday, March 24, 2019. (Chase Stevens/Las Vegas Review-Journal)
Beto O'Rourke House Party in Las Vegas
Democratic presidential candidate Beto O’Rourke delivered a message of unity inside a Las Vegas living room Saturday night, outlining a mission to bridge the divide in a polarized America and rally behind “big defining ambitions that we have in common.” (Shea Johnson/Las Vegas Review-Journal)
Presidential candidate Kirsten Gillibrand talks at Atomic Liquors
Democrat presidential candidate Kirsten Gillibrand talks to her supporters at Atomic Liquors.
Presidential candidate Gillibrand meets with UNLV Immigration Clinic student attorneys
Democratic presidential candidate Sen. Kirsten Gillibrand, D-N.Y., meets with UNLV Immigration Clinic student attorneys at her first stop in Nevada as a candidate Thursday, March 21, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Sen. Catherine Cortez Masto promotes the Rebuild America’s Schools Act
U.S. Sen. Catherine Cortez Masto, D-Nev., co-sponsor of the Rebuild America’s Schools Act, speaks at Hoggard Elementary School in Las Vegas to promote the bill that would provide $100 billion for infrastructure improvements at schools across the country. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Scholar Max Eden on how restorative justice decreases student achievement - VIDEO
Across the country, restorative justice is lowering test scores and increasing the number of students who feel unsafe at schools. That’s according to Max Eden, a senior fellow with the Manhattan Institute, who recently released a study discipline reform.
NV Dems Want To Gut Read By Three - Video
Nevada’s students have a major problem. They aren’t very good at reading. In 2017, just 31 percent of fourth graders were proficient at reading according to the National Assessment of Education Progress. The number proficient falls to 28 percent in eighth grade. Read by Three could change that. If a student can’t read at grade level by the end of third grade, he repeats the grade.
Presidential hopeful Tulsi Gabbard stumps in Las Vegas
Presidential hopeful U.S. Rep. Tulsi Gabbard, D-Hawaii, holds a meet and greet at the Asian Culture Center in downtown Las Vegas Monday, March 18, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Nye County pushes back against state gun bill
Gun store owner Robby Brentlinger and John Koenig, Chairman of the Nye County Board of Commissioners, discuss their thoughts on gun rights and Nevada Senate Bill 143. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Atkinson pleads guilty
Former Nevada Senate Majority Leader Kelvin Atkinson pleaded guilty to a federal wire fraud charge Monday.
Atkinson pleads guilty to wire fraud charges
U.S. Attorney’s Office announces plea deal for charges against former Nevada Senate majority leader Kelvin Atkinson during a press conference on Monday, March 11, 2019. (Michael Quine/Las Vegas Review-Journal)
Former Nevada Senate Majority Leader Kelvin Atkinson pleads guilty
Former Nevada Senate Majority Leader Kelvin Atkinson pleaded guilty to a federal wire fraud charge Monday, less than a week after resigning from his post. (Mat Luschek/Review-Journal)
Melania Trump Speaks Out About Opioid Epidemic - VIDEO
Melania Trump speaks at the Westgate hotel about the Opioid epidemic in the United State and how this generation can be the group that ends it.
Nevada Legislative Session Preview: Education, Yucca Mountain and Microchips
The Nevada Legislature will be meeting to look at new bills that involve education and marriage age restrictions. Governor Sisolak has also requested to meet with the White House about the plutonium shipments sent to Nevada.
Cortez Masto, Rosen For Infanticide - VIDEO
If an abortionist — armed with scissors, clamps and a vacuum cleaner — can’t kill a baby while she’s still in the womb, he shouldn’t get another chance after she’s born. Catherine Cortez Masto and Jacky Rosen disagree.
THE LATEST