Homeowners need to keep eye on upcoming bills
Editor's note: Barbara Holland takes a break from her regular homeowners association question-and-answer to share a summery of the bills before the Legislature. HOA expert Sara Barry compiled this summary.
Here is the rundown on the main homeowners association bills before the Legislature with their sponsors and hearing dates. I have also included the web link updates. You can also watch the testimony online if you can't attend. I have shown that link as well.
For Senate judiciary or Assembly judiciary hearings, go to Visit leg.state.nv.us/MeetingDisplay/AudioVideo and click View to be connected to the televised room.
Assembly bills
AB 78 -- Business and industry bill -- This bill is to try to clean up the business license requirement for associations that were formed incorrectly under NRS 81. Currently you have to have a business license while those formed under NRS 82 do not. Clean up language. No hearing date set. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB78.pdf
AB 85 -- Assemblyman Tick Segerbloom, D-Las Vegas, -- Clarifies that owners do not need to satisfy certain provisions when filing law suits as class actions. No hearing set -- leg.state.nv.us/Session/76th2011/Bills/AB/AB85.pdf
AB 122 -- Assemblyman Pete Livermore, R-Carson City, -- Regarding wind and solar power and what association can prohibit, etc. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB122.pdf
AB 236 -- Assemblywoman Dina Neal, D-North Las Vegas, -- Bill would prohibit an association from fining a city or nonprofit entity that owns a unit. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB236.pdf
AB 246 -- Assemblyman Lynn Stewart, R-Henderson, -- Bill would require an association give a community owner a complete list of contact information for other owners in the HOA. This could be a real problem, since some owners do not want their information out there. The compromise would be to allow the association to mail documents and information to HOA members for the homeowner. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB246.pdf
AB 271 -- Assemblyman Irene Bustamante Adams, D-Las Vegas; William Horne, D-Las Vegas; and Marcus Conklin, D-Las Vegas -- This bill would do away with transfer fees. This would mean that all of the owners who are not selling their homes will pay for the costs incurred when someone else does. This could be narrowed down to not eliminate the actual costs of doing business vs. developer mandated fees for heirs. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB271.pdf
AB 317 -- Mediation and arbitration changes -- leg.state.nv.us/Session/76th2011/Reports/
AB 389 -- Assemblyman James Ohrenschall, D-Las Vegas, -- Revises provisions to the Open Meeting Law, which would require all HOAs to comply with this like the cities or counties. These are private corporations and not government organizations. This would mean that a quorum of the board could not even attend educational classes or they would be in violation of the law if they even talked to each other, etc. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB389.pdf
AB 394 -- Assemblyman Ohrenschall -- Limiting collection costs that can be changed in collecting a debt. Concerns that this is not over reaching as other owners who are just hanging on themselves should not be required to cover their neighbor's collection costs. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB394.pdf
AB 417 Assemblyman Segerblom -- Revises provisions governing property taxes to change the definition of open spaces to exclude golf courses. Those association's with golf courses should read this carefully. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB417.pdf
Bills concerning foreclosures
AB 273 -- Foreclosures -- leg.state.nv.us/Session/76th2011/Reports/
AB 284 -- Foreclosures - leg.sthttp://www.leg.state.nv.us/Session/76th2011/
AB 300 -- Foreclosure mediation -- leg.state.nv.us/Session/76th2011/Reports.
AB 308 -- Foreclosure Counseling - http://www.leg.state.nv.us/Session/76th2011/Reports/
AB 373 -- Pete Goicocheal, R-Eureka, -- Prohibits destruction of property before foreclosure -- leg.state.nv.us/Session/76th2011/Reports/
Senate Bills
SB 30 Real Estate Division -- Fixes past law regarding transfer of funds to include IRS, ombudsman's fees, etc. Good fix. Passed out of Senate Judiciary and going over to the Assembly for consideration. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/AB/AB417.pdf
SB 89 -- Sen. Mike McGinness, D-Las Vegas,-- As amended and passed through the Senate Judiciary with the state's Commission for Common-Interest Communities and Condominium Hotels's amendment, it is acceptable. Relates to audits and reviews of the association's books. Has gone over to the Assembly for consideration. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB89.pdf
SB 139 -- Sen. Bill Raggio, R-Reno,-- Deeds must be recorded within 30 days. If written correctly this could be big for HOAs when a house has been foreclosed, sold, etc. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB139.pdf
SB 165 -- Sen. Michael Roberson, R-Las Vegas, -- Arbitrator can't waive any bias or conflict in arbitration. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB165.pdf
SB 174-- Sen. Allison Copening, D-Las Vegas, -- Foreclosures bill in a common-interest community favorable bill -- No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB174.pdf
SB 183 -- Sen. Mike Schneider, D-Las Vegas,-- Many changes that are not beneficial to the homeowenrs or the association as a whole. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB183.pdf
SB 185 -- Sen. Schneider -- Many changes that are not beneficial to the homeowners or the association as a whole. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB185.pdf
SB 195-- Sen. Elizabeth Halseth, R-Las Vegas, -- Collections fees -- Hearing held March 24. Results not available as of press time. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB195.pdf
SB 204 -- Sen. Copening -- Common-interest communities issues. This bill makes many technical amendments to NRS 116 that needed to be made. No hearing set. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB204.pdf
SB 243 -- Sen. Copening -- Collection fees and obligations in the common-interest community. Hearing held March 24. Results not available as of press time. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB243.pdf
SB 249 -- Sen. David Parks, D- Las Vegas. -- Property taxes in the common-interest community -- Under certain conditions, the allocation of that taxable value to the community units in accordance with a formula for allocation set forth in the declaration creating the common-interest community or, if there is no such declaration, in the recorded deeds for the community units. Check to see how it would affect you. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB249.pdf
SB 254 -- Sen. Copening -- Mediation and arbitration programs and homeowner access to records in the common-interest community. Hearing held March 24. Results not available as of press time. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB254.pdf
SB 257 -- Senator Valerie Weiner, D-Las Vegas, -- Graffiti bill -- Hearing set for Tuesday at 8 a.m. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB257.pdf
SB 307 -- Foreclosures -- Hearing on Tuesday at 8 a.m. -- leg.state.nv.us/Session/76th2011/Bills/SB/SB307.pdf
SB 311 -- Foreclosures and lending -- leg.state.nv.us/Session/76th2011/Bills/SB/SB311.pdf.
Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.
