HOA bills move quickly through legislative process: Watch for more updates

Editor’s note: Barbara Holland takes a break from her usual question-and-answer format to talk about bills before the Legislature that would affect HOAs.

The days are now ticking off as the legislative session comes closer to the end for 2011. A number of association bills made it past the Legislature’s self-imposed deadline.

These bills are slowly either coming to the Assembly or Senate floors for votes or will die in committees.

Because there are so many bills still on the table, I can only summarize a few.

There are two major bills that still have major flaws. They are Senate Bill 185 and Assembly Bill 448.

For those readers who are following the Legislature, you can obtain more information by contacting the state for full copies of the following bills:

• AB 122 — Assemblyman Pete Livermore, R- Carson City: This bill pertains to wind and solar power, and what associations can prohibit.

Last legislative session, significant changes were made that enhanced homeowners’ rights to solar and wind installations within their communities. AB 122 has been sent to the full Assembly for vote.

• AB 271 — Assemblyman Irene Bustamante Adams, D-Las Vegas; William Horne, D-Las Vegas; and Marcus Conklin: This bill is one that has brought much discussion, controversy and different opinions as it is one of many versions being considered by the state legislature pertaining to fees.

This bill would eliminate transfer fees which are now currently part of the closing costs when a new homeowner purchases a home within an associations.

Opponents to this bill have stated that these costs would now be incurred by the association and would impact association assessments to the membership.

• AB 273 and AB 284 — These bills that pertain to foreclosures. There are many proposed bills being considered which relate to foreclosures. Information on these bills can be accessed by Internet at leg.sthttp://www.leg.state.nv.us/Session/76th2011/

• AB 388 — This pertains to collection fees and has been sent to the full Assembly for vote.

• SB 307 — This bill pertains to foreclosures and has been sent to the Assembly for vote.

• SB 403 — This one pertains to resale homes and has passed the full Senate and now is at the Assembly Judiciary Committee.

• SB 417 — This bill addresses recycling containers at homes and it, too, has passed the full Senate and now is at the Assembly Judiciary Committee.

• SB 89 — Sen. Mike McGinness, R-Fallon: This bill pertains to association’s audits and reviews of the association’s books. It is going over to the Assembly side for consideration.

• SB 254 — Sen. Allison Copening, D-Las Vegas: This bill would affect mediation and arbitration programs and homeowners’ access to records in the common interest community. It also is going over to the Assembly side for consideration.

• AB 448 — Assemblyman Harvey Munford, D- Las Vegas: In a special three-part column, I have already gone into much detail of the flaws of this bill, which is still alive.

There are too may substantial number of sections that are extremely detrimental to associations that have yet to be modified or amended. If you missed any of this series, please request the information by emailing me and I will send you my complete comments.

• SB 185 — Sen. Michael Schneider, D- Las Vegas: This bill has many proposed sections that were killed in previous legislative sessions but once again are being resurrected from the dead.

This proposed bill would make numerous changes from transfer fees affecting real property; revising the disclosure statements from seller to buyer; and revising provisions governing fees charged for products or services provided to owners.

It would also make changes in prohibiting the use of radar guns as a basis for fines; amending the composition of the board of directors; revising provisions relating to hearings on alleged violations, as well as revising provisions governing civil actions to protect health, safety and welfare; and many other changes.

Many of these sections are not only unrealistic, but will increase assessments to cover increased costs being imposed upon the association and make the laws even more complex or complicated than they were before.

If substantial changes are not made to this bill, then it should be killed.

I will have more on SB 185 and other bills next week.

Please note, that the status on these bills can change as fast as I can type this summary, and some probably have changed by the time you read this column.

Right now, it looks like there are about 18 other association bills on the table between the Assembly and the Senate.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, email support@hlrealty.com.

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