More details to this question:
My homeowner association has me owing $900.00 but I am current and have all my statements. Now I feel I must take the issue to court. 1. If I am suing my homeowners association, not for money, but the return my balance owed to zero, is that Small claims court? 2. I live in North Las Vegas, but the company is in Las Vegas. Would I file in North Las Vegas court or Las Vegas courthouse?
1 ANSWER
R. Christopher Reade
The answer to your inquiry is most likely: neither. NRS 38.310 states that no civil action based upon a claim relating to application or enforcement of CC&R's or imposing assessment shall be commenced "in any court in this State unless the action has been [first] submitted to mediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted." Therefore you are required to proceed with the mediation/arbitration procedures through the Real Estate Division first.
Answered on Dec 30th, 2013 at 4:03 PM