HOA Fee Allocation in Nevada

Question:

I live in a community managed by a property company in Las Vegas. I pay $68 in HOA fees every month to this property company. So here is my question, only $14 of my $68 actually goes to the community in which I live in. How can they do this? I say this because I pay for the other two communities amenities like gates and gate repair, landscaping, street sweeping and they have small parks inside of their communities, all of which I do not have access to. Whereas, my community is small in comparison and in the 3+ years I have lived here I have not seen the street sweepers once, we do not have a gate and no park either. So I am literally paying for amenities that I am not nor will I ever be using. I would like to know the answer as there is a board meeting coming up in September, thank you.

– Jarrod

 

Answer:

Hi Jarrod,

According to the Nevada Uniform Common-Interest Ownership Act Section 116.3115(4)(a), except as otherwise provided in the governing documents: “Any common expense associated with the maintenance, repair, restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides.”

Kindly check the governing documents to see if there are provisions stating that the allocation of assessments should be equally divided among the homeowners regardless of limited access to certain common elements. If there are no such provisions, you may raise this issue with the HOA board in the next meeting.

Apart from this, you may review the association’s financial statements and budget to see where your HOA fees are going. It may be that the fees are being used to pay for other expenses apart from maintenance, such as insurance and reserve funding.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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