Nevada HOA homeowners need of Bill of Rights to ensure anti-homeowner bills like SB 417 don’t pass

CAI lobbyists who are also HOA attorneys have a major conflict of interest

Nevada has long had many HOA homeowner protections built into state law, but speaking from personal experience of living in an HOA where the attorney is also the debt collector and also the CAI lobbyist, the law doesn’t matter because he interprets it to be something other than what the black letter of the law says.

He says the law is what is most favorable to himself and to the other CAI affiliate managers/agents, not they fare in danger because the lobbying organization for the HOA attorneys, managing agents, debt collectors, and other vendors who “service” (in every sense of the term” HOAs, the Community Association Institute (CAI) has been chipping away at homeowner rights and building in rights for HOA agents who are supposed to be fiduciaries.

In 2006, AARP wrote an amicus brief to a case where an HOA prohibited people from posting political signs.

The AARP amicus brief in Committee for a Better Twin Rivers v. Twin Rivers Homeowners Association argues that HOAs may violate the following homeowner rights:

  • The right to free speech
  • The right to due process
  • The right to privacy
  • The right to equal protection
  • The right to a fair hearing
  • The right to be free from discrimination

The AARP brief argues that HOAs often have rules that violate these rights. For example, HOAs may have rules that prohibit political speech, that require homeowners to get permission before making changes to their homes, that allow HOAs to access homeowners’ homes without a warrant, that discriminate against certain groups of people, or make it difficult for homeowners to challenge HOA decisions.

The AARP brief argues that homeowners should be aware of their rights and that they should not hesitate to challenge HOA rules that they believe are unfair or unreasonable. The brief also argues that state and federal governments should enact laws that protect the rights of homeowners.

Here are some specific examples of how HOAs may violate homeowner rights:

  • An HOA may prohibit political signs on residents’ property.
  • An HOA may require homeowners to get permission before making changes to their homes, such as painting their house or adding a fence.
  • An HOA may allow HOA board members to access homeowners’ homes without a warrant.
  • An HOA may discriminate against certain groups of people, such as families with children or people with disabilities.
  • An HOA may make it difficult for homeowners to challenge HOA decisions, such as by requiring homeowners to pay high filing fees or by requiring homeowners to go through a lengthy appeals process.

The AARP brief argues that this model bill of rights would be a valuable tool for protecting the rights of homeowners. The bill of rights would help to ensure that homeowners are treated fairly and that their voices are heard. The bill of rights would also help to promote transparency and accountability in HOAs.

2006 Model HOA Homeowner Bill of Rights

  • The right to free speech: Homeowners have the right to express their views on matters of public concern, including by displaying political signs on their property.
  • The right to due process: Homeowners have the right to fair notice and a fair hearing before they can be subject to disciplinary action by their HOA.
  • The right to privacy: Homeowners have the right to privacy in their homes and on their property. HOAs cannot unreasonably intrude on homeowners’ privacy.
  • The right to equal protection: Homeowners have the right to be treated equally under the law, regardless of their race, religion, national origin, sex, age, or disability.
  • The right to a fair hearing: Homeowners have the right to a fair hearing before their HOA can take disciplinary action against them. The hearing must be conducted in a timely manner and must be fair and impartial.
  • The right to be free from discrimination: Homeowners have the right to be free from discrimination by their HOA. HOAs cannot discriminate against homeowners on the basis of race, religion, national origin, sex, age, or disability.
  • The right to know about HOA rules and regulations: Homeowners have the right to know about the rules and regulations of their HOA. The HOA must provide homeowners with a copy of the rules and regulations in a timely manner.
  • The right to participate in HOA meetings and elections: Homeowners have the right to participate in HOA meetings and elections. Homeowners must be given reasonable notice of HOA meetings and elections.
  • The right to appeal HOA decisions: Homeowners have the right to appeal HOA decisions. Homeowners must be given a fair opportunity to appeal HOA decisions.
  • The right to be free from unreasonable fines and fees: Homeowners have the right to be free from unreasonable fines and fees. HOAs cannot impose fines and fees that are excessive or that are not reasonably related to the cost of providing services to homeowners.
  • The right to be free from harassment and intimidation: Homeowners have the right to be free from harassment and intimidation by their HOA. HOA board members and employees cannot harass or intimidate homeowners.

The AARP amicus brief argues that this model bill of rights would be a valuable tool for protecting the rights of homeowners. The bill of rights would help to ensure that homeowners are treated fairly and that their voices are heard. The bill of rights would also help to promote transparency and accountability in HOAs.

What allegations of attorney misconduct were made against Steven Scow, the attorney for Red Rock Financial Services?

Complaint summary as filed to the State Bar online on 3/1/22

Link to 12/19/22 Request For Judicial Notice of 346-page verified, evidence-backed, uninvestigated (pending court order) complaint to the State Bar and 50-page draft civil complaint requesting a court order for written findings of attorney misconduct (that will be necessary if this court does not refer the matter to the State Bar for investigation)

This resulted in me being declared a vexatious litigant and a restrictive order being entered against me without notice or a chance to oppose.

Link to PDF of 3/28/23 order filed without notice or opposition

I have tried unsuccessfully repeatedly for the last few weeks to get my opposition attached to the order so it is accurate enough for appeal.

HOA attorneys and managers fail in their fiduciary duty to the HOA

HOA attorneys and managers are by law fiduciaries to the HOA that employs them. However, they routinely act in their own self-interest rather than solely and exclusively in the interest of the HOA.

The HOA homeowners are the intentional third-party beneficiaries of the CC&Rs contract in that the HOA exists for the purpose of maintaining the common areas, the community lifestyle and the property values of for the common good of the HOA membership at large.

The attorney and the manager are agents. They have no authority over the Board. Anything they assert over the Board is usurped, and that is the problem.

SB 417 will exacerbate the problem of attorneys and other agents enriching themselves by improper control over HOA Boards

My experience shows HOA attorneys lie with impunity to the courts now. The State Bar Assosication does not enforce the ethical codes of conduct. The Nevada Supreme Court thinks that’s okay. The judges let them write orders that misrepresent the facts, the evidence and the law.

Why should NRED or the Ombudsman for Owners in Common-Interest Communities be any different? Why investigate any homeowner’s complaints ever?

Adam Clarkson already has the Ombudsman in his pocket

…Or else, how has he kept my complaints from being heard by the Commission for Common Interest Communities for the last six years?

After all, it has been enough for the past six years for the NRED to not investigate my complaints and the Ombudsman not to refer them to the Commission SOLELY because Adam Clarkson, the Community Association Institute lobbyist and Sun City Anthem’s debt collector and attorney, says I’m are just a “bad person” and not the kind that should be allowed to serve on the Board of Directors because I complained about things like how much over market the manager is paid?

Link to unanswered 9/2/17 NRED Form 514a

Link to my unanswered 1/31/18 Affidavit regarding Clarkson’s denial of records request related to Sandy Seddon’s salary that I filed with Investigator Christina Pitch who was assigned to investigate three NRED Form 530s. (If SB 417 is passed, it will be legal for Clarkson to deny this request and legal for NRED to refuse to investigate it. But then, the homeowner can be criminalized and threatened with high-cost litigation for even asking.)

9/7/17 NRED Form IA 530 re Interference with the Recall election was resolved by NRED’s very thoughtful 8/8/18 letter below.

9/7/17 NRED Form IA 530 re Clarkson’s declaring my elected seat on the Board vacant “by operation of law” rather than by the mandatory NRS 116.31036 removal election was resolved by NRED’s very thoughtful 8/8/18 letter below.

9/7/17 NRED Form IA 530 re Clarkson’s spearheading bullying, retaliation, and harassment was resolved by NRED’s very thoughtful 8/8/18 letter below.

8/8/18 NRED’s dismissal of the three Form 530s without prejudice, ignoring the Form 530 and ignoring Clarkson’s obstruction of the legitimate access to information about employee salaries.