Nevada Residential Real Estate Legal Questions

Although your question does not expressly discuss this as the topic of your question, I presume that you are asking about the Board of Directors of a Common Interest Community or HOA.  Pursuant to NRS 78.150(3), each private corporation in Nevada must file its Annual List and disclose "(d) [t]he address, either residence or business, of each officer and director listed, following the name of the officer or director. . . "  HOAs are generally nonprofit corporations.  Pursuant to NRS 82.193, nonprofit corporations have the same filing requirements. The key phrase for the filings is that the address listed is "either residence or business".  Where this issue arises frequently in HOAs is that members of the Board of Directors do not want their home addresses and telephone numbers published for fear of having irate neighbors bothering them at home and thus they list their business address for purposes of the HOA as care of the management company.    ... Read More

If you have closed escrow on your unit, you have received an interest in the timeshare and are able to convey your interest in the timeshare.  Physical possession of the deed is not the telling factor but the actual vesting of rights in you.  However be careful not to sell more than you actually own in the timeshare.... Read More

After an HOA Lien Auction, the purchaser takes the property subject to the existing encumbrances (minus certain HOA obligations which may have superpriority pursuant to Nevada law).  This can be good news for a Purchaser. Because the uptick in HOA lien sales is a relatively new trend, as well as the unsettled status in some manner of lien priority between HOA liens and trust deeds, purchasers should be aware of the exigencies of purchasing at HOA Sales. However your question appears to be directed at what happens to homeowners who have their homes lost in HOA Lien Sales.  The prospects for them is much more dim.  The Homeowner remains the Borrower on, and liable for, the Loan.  Therefore homeowners can lose all rights of ownership and possession in the HOA sale, have the buyer rent the property out and collect the payments without any intention of ever paying the mortgage, allow the property to fall into foreclosure and still be liable for the loan balance.... Read More

The advantage of purchasing a property in an auction of HOA Liens is that a purchaser may be able to purchase a property which has equity.  If the purchase price at the Lien Sale plus the encumbrances which were not foreclosed out are less than the value of the property, the purchaser could obtain a equity position in the Subject Property.  Because the uptick in HOA lien sales is a relatively new trend, as well as the unsettled status in some manner of lien priority between HOA liens and trust deeds, purchasers should be aware of the exigencies of purchasing at HOA Sales.... Read More

A "Lis Pendens" or "Notice of Pendency of Action" is a filing authorized under NRS 14.010.  It does not stop a foreclosure sale; it merely notifies the Purchaser that it is buying into a lawsuit. This statute provides that a Lis Pendens can be recorded "in an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property" either the Plaintiff or the Defendant shall record with the County Recorder. The Lis Pendens must contain (a) the names of the parties, (b) the object of the action and (c) a description of the property in that county affected thereby. The recording is constructive notice to any purchaser or encumbrancer of the property. In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the recording of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the recording of the notice. The opposing party is entitled to a hearing to expunge the Lis Pendens, which must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction. NRS 14.015. The party who recorded the Lis Pendens will be required to show (a) likelihood of success on the merits or (b) fair chance of success on the merits and that the injury would be substantially serious that the hardship from transfer is greater than hardship on non-filing party. Id.... Read More

There is no legal liability to you by your Bank to test for asbestos or to make sure that your home is free of toxins. The claim for relief that most Buyers try to pursue to is legal action as against the Seller.  Under Chapter 113 of the Nevada Revised Statutes, residential property sellers are required to disclose (usually at least 10 days before conveyance) any known defects to buyers before the property is conveyed. NRS 113.130(1)(a).  However Sellers are not required to disclose defect in residential property of which the Seller is not aware.  The term “aware” means that the Seller realizes, perceives, or has knowledge of that defect or condition.  Nelson v. Heer, 123 Nev. 217, 225-26 (2007). If the seller conveyed the home to you without written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to you (and subject to some mall exceptions), you would be entitled to recover from the seller three (3) times the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney's fees. NRS 113.150(4).  However an action to enforce the disclosure requirements must be commenced not later than 1 year after you discover or reasonably should have discovered the defect or 2 years after the conveyance of the property, whichever occurs later. Id.  Therefore the burden would be on you to show (a) knowledge by the Seller; (b) failure to disclose by the Seller and (c) that you did not know and reasonably should not have known about the presence of the asbestos within the last year.... Read More

If you suffered damages which were proximately caused by breaches of the Lease Agreement and/or negligence by the Landlord or Property Manager, you may have a claim for relief against each of the on those bases.  For example charging you for defective repair work (whether licensed or not) could be the basis of a claim. The lack of proper licensure from the Nevada Real Estate Division for the Property Manager (or Nevada State Contractors Board for the repair company) may be relevant evidence of incompetence; however lack of licensure did not cause the damages for which you would assert a claim and does not give you a right to recovery absent damages.  Likewise you may have the ability to report the Property Manager to the Real Estate Division for investigation of the action of the Property Manager, which could subject the Manager to administrative fines.  However the predicate to a compensable claim is (a) a duty owed (whether in contract or under common law); (b) a breach of that duty which (c) causes you damages.... Read More

Short Answer: No, it does not necessarily make sense.  The closest which I can ascertain from the facts which you have stated is that the Lender believes that there is an effective mortgage/deed of trust on the property for which the Lender is attempting to assert its rights.  However you should have counsel review the lawsuit immediately to make sure that your rights and those of your daughter are protected.... Read More

The HOA is generally entitled to enforce the CC&R's and Rules and Regulations on the streets which it owns.  NRS 116.3102(1)(s) states in part that the Association may "[d]irect the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents." You are correct that there is a limitation under NRS 116.350(1) which provides that where the community is not gated, the Board of the HOA "shall not and the governing documents must not provide for the regulation of any road, street, alley or other thoroughfare the right-of-way of which is accepted by the State or a local government for dedication as a road, street, alley or other thoroughfare for public use."  However the HOA can through its CC&R's set forth rules that regulate even public roads within the Community that "reasonably restrict the parking or storage of recreational vehicles, watercraft, trailers or commercial vehicles in the common-interest community to the extent authorized by law."  Without knowing the nature of the violations which you are encountering relating to your streets appurtentant to your residence, you should consult with counsel to more specifically analyze your situation.  ... Read More

While there are certain remedies which arise out of nuisance, the greatest source for potential remedies for the Association is in your governing documents, namely Covenants Conditions & Restrictions (CC&R's) and Rules and Regulations.  To the extent that laws are being broken, obviously you can report the same to law enforcement.  However you should look to enforce of the restrictions within the community first.... Read More

In your Purchase Agreement (usually real estate licensees use a standard form agreement), there should be a paragraph which states whether your transaction is conditioned upon you being able to obtain financing.  If you take your Purchase Agreement to any attorney who works with residential real estate, you should be able to ascertain if the Agreement was contingent upon financing.  If it was (and if you have satisfied any mediation condition in your Purchase Agreement), you can simply sue to the Seller for release of the Earnest Money Deposit.... Read More

The covenants in  CC&R's restricting leasing of homes have been generally upheld.  Of course the greater question and issue regarding such covenants is usually not their enforceability but their discoverability.  While this is a common covenant, and many communities that do not have absolute prohibitions have restrictions and require notice, common interest communities are (with the assistance of management companies) organizations which largely rely upon other homeowners for their enforcement.  While the age of knowing one's neighbors is waxed poetic, in this day and age it is much less common that neighbors know or care who is actually behind your exterior walls.  It is always a good idea to have your specific CC&R's reviewed by an attorney who can advise you as to your rights and remedies thereunder.... Read More

The term "invasion of privacy" really encompasses five different types of claims in the State of Nevada: (1) unreasonable intrusion upon the seclusion of another; (2) appropriation of the name or likeness of another; (3) unreasonable publicity given to private facts; (4) publicity unreasonably placing another in a false light before the public and (5) invasion of the right of publicity. It is the first one that people usually associate with the concept of invasion of privacy and one that is discussed below. The claim for "intrusion" requires: (1) an intentional intrusion (physical or otherwise); (2) on the solitude or seclusion of another; (3) that would be highly offensive to a reasonable person.  You have to show that you have an actual and reasonable expectation of seclusion or solitude.  The Nevada Supreme Court has stated that there is no invasion of privacy to photograph a person in a public place because the person is in plain view and has no expectation that what is publicly viewable is in any manner private.  Therefore the focus of the inquiry would be on whether the area that was photographed was publicly viewable and is an area where you expect secrecy, privacy and seclusion; the expectations for a front yard and a walled-in backyard are therefore different. The questions regarding what types of intrusions are highly offensive is a flexible question based upon the nature of the intrusion.  Therefore this question is highly fact-specific, including the degree of intrusion (photographed from street versus climbing over your fence to photograph), the circumstances surrounding the intrusion (is it HOA routine checks versus surveillance) as well as the intruder's motives and objectives, the setting into which he intrudes (backyard versus bathroom), and the expectations of those whose privacy is invaded. In this manner, a Court might look to whether you voluntarily waived any rights to privacy by purchasing a property which is subject to CC&Rs which give the HOA the right and obligation to monitor compliance in the maintenance of the property and to photograph alleged violations for evidentiary purposes.  In this matter, the question of photographs being taken from the street versus coming onto your property become additionally relevant.... Read More

Manufactured housing is not necessarily real property in Nevada unless the owner elects to convert the property.  Manufactured Homes ownership is handled through Certificates of Ownership issued by the State of Nevada, Manufactured Housing Division.  A manufactured home can be converted to real property after inspection and recordation of an Affidavit of Conversion with the County Recorder.  In relation to your question, if the real property (dirt) is in your name, you can sell the real property but not the manufactured home located on the property. ... Read More

The plan to put in place depends on the contingency against which you want to protect yourself.  If you are planning for transfer of title upon your death, estate planning techniques (will/trust) can protect you/him and ensure that title to the property passes in accordance with your wishes. If you are planning for what would happen should the relationship end to ensure that he does not make an adverse claim against your ownership, you should memorialize your economic relationship through a lease or other agreement that reflects that his payment equal to 50% of the mortgage is intended exclusively to pay for occupancy of the residence for a given month and does not convey any legal or equitable interest in the property to him. ... Read More

From the scenario that you have set forth, your Husband and you appear to be on title to the Subject Property but not on the Note or Deed of Trust.  The answer to your property rights as against the foreclosing lender will center on the dates of recordation of the Deed of Trust and whether your rights as owners on title can and will be foreclosed out by the nonjudicial foreclosure sale which the Lender is likely to institute.  In bankruptcy (or otherwise), your son and his bankruptcy estate can only return to the Lender that property interest which he owns, which from your description would be no more than a 1/3 interest in the Subject Property if the Deed removing your son was not timely recorded and would be no interest if the Deed was timely recorded.   Candidly the title scenario that you have set forth is sufficiently convoluted that you should probably consult with counsel regarding the status of the title and your rights, remedies and defense for this property.... Read More