Gated communities, neighborhoods, or other luxury real estate in Vegas, such as the MacDonald Highlands in Henderson, are maintained by a homeowner’s association (HOA). Homeownership in such a community means that you are obligated to join the association, paying any associated fee along the way.
These associations should be non-profit organizations and are responsible for managing a neighborhood’s necessary infrastructure, such as roads, parks, pools, and more. If you want to learn about an association operating within any community, you can enter the community’s name in the HOA directory.
You’ll find their contact information, a list of members, and other information you might need.
Here, we’ll discuss some of the restrictions applicable to these associations, and in this article, we’ll discuss them in detail.
Local Vegas HOA Restrictions
Some restrictions within an HOA might seem a bit too much, but all of them work together toward one main goal; maintaining a specific decorum within the community. The area maintained by HOA naturally has a higher value as well. Some of their rules include:
- Maintaining a true color scheme throughout the neighborhood
- Ensuring trash is not on display
- Overall maintenance of the community
- Maintenance of roads and streetlights, and more
If any homeowner doesn’t follow the regulations set forth by the local Vegas HOA, it may choose to implement a fine on said homeowner. This fine may be anywhere between $100 to $1,000 per infraction. However, for serious violations such as damage or safety hazards, the penalty can go higher.
Furthermore, they can restrict a homeowner’s right to vote at a community meeting or use common areas. In extreme cases, the property may even be foreclosed even if you are making regular payments.
Restrictions & Regulations for Local Vegas HOA
Insurance Policies & Books
The state of Nevada dictates that an HOA must maintain at least the following community insurance policies:
- Property insurance amounting to at least 80% of the total cash value
- Commercial General Liability Insurance. This will include medical payouts in case of mishaps
- Crime insurance. This policy shall cover any criminal acts from HOA directors or employees and it should amount to $5 million or three months of assessments (plus reserves), whichever is less
- Insurance against nonprofit errors and omissions from HOA directors and officers amounting to at least $1 million
Furthermore, the Board of directors shall be responsible for maintaining detailed records of all insurance policies, financial records, a list of members, minutes, and HOA contact information. These documents must be available at all times for review by members.
Once a fiscal year ends, the HOA board’s responsibility is to draft a new budget and send it to all homeowners in the community for review. A professional accountant must also review the same. The frequency of these requirements is as follows:
|Annual Assessment Income
Luxury real estate such as The Ridges and Southern Highlands in Las Vegas fall in the third category.
Changes in Homeowner Rights
In case there are any changes made by HOA directors, homeowners must take a vote in the next member meeting. Any changes made without voting would be rendered null and void. In these meetings, HOAs need to go with the majority.
This majority vote may be applicable for:
- Making amendments to existing declarations and regulations,
- Changing property boundaries,
- Signing new governing documents, and more.
The same changes in regulation must also be reported to County officials.
Hosting Annual Meetings
HOAs must hold at least one member meeting throughout the year, if not more, where members may address their grievances and issues may be discussed. The same meeting must include the election of the Board of directors as well.
In case a special meeting is required, a majority of board members can do so. Members can also call such meetings if more than 10% of voting power elects to do so. The petition must be signed by all the members that make up the said 10%.
When it comes to the formula for determining how the votes and percentages are calculated, the HOA must include the same in the community declaration. They may choose a one vote per property method or base it on the property value and size. This is entirely up to the HOA.
Home ownership means that you are a member of the association. HOA must give all members the right to speak out and express their concerns. If there are any sensitive matters to be discussed, the Board can choose to do so if the cause is reasonable.
Common Interest Communities
If there are any common interest communities, they can be dissolved in members’ meetings if there are more than 80% votes against said community, with a signed agreement from the board of directors.
While the HOA has the right to dictate the property outlook, there are some optional rights that it cannot enforce or restrict. Some examples of these rules include:
- Restriction of the right to keep at least one pet
- Hoist the state/national flag
- Make reasonable changes to their property. These changes include:
- Changes to increase privacy
- Changes to improve security
- Changes to beautify or increase curb appeal
- Lawn landscaping, and more.
However, HOA reserves the right to regulate the size breed of dog, size of flag, or the color of changes made to houses.
Before signing up for home ownership or buying luxury real estate, it is a good idea to ask the realtor for the Standardized Information Statement prepared by HOA that includes all the restrictions on residents and rights.
Disclaimer: There are numerous factors to consider in every investment, including real estate. The information provided above is just a matter of opinion and can change with time. It shouldn’t be construed as legal or tax advice; neither does the report constitute a financial promotion or investment advice. It is general information and before making any such decision, you should seek out licensed professionals and see all ends clearly.