Frequently Asked Questions (FAQs)

  • I’m having a problem with my homeowner’s association (HOA).  What can I do about it?

  • What happens after I file an Intervention Affidavit?

  • Do I have to fill out an affidavit for each complaint against my HOA?

  • Can the Ombudsman and/or Program Officer make rulings during the conference to decide who is right and who is wrong?

  • My Association wants to bring an attorney to the conference. I don’t think that is fair. Do I have to agree to that?

  • What happens if we don't reach an agreement?

  • My association won’t foreclose on my home over a $300 assessment, will they? What right do they have to do this?

  • I want to file an Alternative Dispute Resolution complaint.  How do I do it?


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    I’m having a problem with my homeowner’s association (HOA). What can I do about it?

    Go to the Nevada Real Estate Division’s website (www.red.state.nv.us) and review information on Common-Interest Communities.  You can contact an Investigator in the Las Vegas area at (702) 486-4480, or toll free at (877) 829-9907.  If in the Carson City area, you can call (775) 687-4280.  On Tuesdays, Wednesdays and Thursdays, you can meet with an Investigator in the Las Vegas area.  It is best to call and make an appointment, but you can also walk-in on Tuesdays Wednesdays and Thursdays to speak with an investigator.  If you want to file a written complaint, you can file a Form 530 (Intervention Affidavit). You are the “Complainant” and the person (or Board) you are complaining about is the “Respondent.” 

     

    What happens after I file an Intervention Affidavit?

    Staff at the Ombudsman’s office review the affidavit to make sure it is complete and to make sure you sent certified mail notice to the Respondent regarding the exact issues you are complaining about.  If so, then you and the Respondent will get letters that summarize your complaints and set up a date for a possible Ombudsman’s Conference.  This Ombudsman’s Conference will be a meeting between you, the Respondent, the Ombudsman and/or the Program Officer.  The Ombudsman and/or Program Officer will assist the parties in communicating about the complaints in a neutral, peaceful setting. (Click here for instructions on how to file an intervention affidavit.)

     

    Do I have to fill out an affidavit for each complaint against my HOA?

    No, you can have more than one issue on an affidavit, just make sure your issues on the affidavit match the issues in the letter you send to the Board of Directors.

     

     

    Can the Ombudsman and/or Program Officer make rulings during the conference to decide who is right - and who is wrong?

    No - the Ombudsman by law gives guidance to the parties deemed necessary to assist the parties in reaching a resolution of the concerns raised in the Intervention Affidavit.  Any adjudication on the merits of the case must be by the Commission, its designated Administrative Law Judges, or arbitrators in the Alternate Dispute Resolution ADR program.

     

    My Association wants to bring an attorney to the conference. I don’t think that is fair. Do I have to agree to that?

    No. However, conferences only take place where the Complainant and the Respondent agree to participate.

     

     

    What happens if we don’t reach an agreement?

    It is up to the individual whether or not to continue to pursue his or her concerns. In some instances, the conference “clears the air” and at least enables individuals to understand the point of view of the other side. In other instances, the Complainant continues pursuing the concerns either through a review by the Compliance Section or by filing for Arbitration or Formal Mediation through the Alternate Dispute Resolution (ADR) program.

     

     

    My association won’t foreclose on my home over a $300 assessment, will they? What right do they have to do this?

    They have the right to.  Homeowners associations rely on assessments to meet their obligations. Associations generally do not want to foreclose on homes and view foreclosure as a last resort since the drawbacks are considerable for the association, including a continued loss of income, and a potentially vacant, unkempt home.

     

     

    I want to file an Alternative Dispute Resolution complaint.  How do I do it?

    Follow this link to ADR Form 523. This form provides a brief description of the three methods of dispute resolution that make up the program - the Referee process, Mediation, or Arbitration. Parties are required to participate in either the Referee process or Mediation before considering Arbitration. The form lists the procedures each party associated with the claim must follow. Once you decide to utilize the ADR process, the next step is to submit Form 520, the ADR Claim Form. This form is interactive. It can be completed online, printed, and mailed or hand-delivered to our office along with the $50.00 filing fee. Our office hours are Monday through Friday from 8 a.m. to 5 p.m., except for state holidays.

     

    There are three requirements to file an Alternative Dispute Resolution complaint:

    1. A properly completed Claim Form 520 with:
      a) Complete name and address information for the Claimant(s) and Respondent(s). Include phone numbers and e- mail addresses, if available.
      b) Your preferred method of resolution (Mediation or Referee process).
      c) Your initials acknowledging that you have read and agree to the policies stated in the ADR Overview form #523.
      d) Your signature at the top of the claim form.
      e) Your selection of a Mediator or Referee on the last page of the claim form.

    2. A brief explanation of the dispute. You may also list the page and section of your homeowner association’s Covenants, Conditions and Restrictions (CC&Rs) that are applicable to the issue.

    3. A $50.00 filing fee.