For the most part, homeowners association in Las Vegas run rather smoothly with no major conflicts amongst the board or other homeowners within the community. However, there are some association members that just don’t get along well at all. If you are one of the unfortunate associations that has a contentious board, personality conflicts amongst the board and community manager or any other sort of conflicts that need to be resolved, then the information provided below may be able to help you resolve those matters without having to take drastic measures such as arbitration or worse, civil actions against another person.
In Nevada, you must first exhaust all options to try to resolve conflicts, to include Alternative Dispute Resolution in accordance with NRS 38.310, prior to filing a civil action case.
Conflicts come from many different sources and can wreak havoc on an association. Here are some examples of where disputes may come from, how to resolve them and a few of the third party entities that may be able to help you to resolve conflicts within your association.
Examples of common reasons for conflicts in a Las Vegas HOA:
- Lack of communication
- Differing needs or perspectives
- An individual’s beliefs or emotions
- Lack of clarity of the governing documents or NRS116
Conflicts can be between:
- Unit owners
- Board members
- Board members and the community manager or vendors
- Unit owners and the community manager
Informal Resolution Options:
- Always go directly to the source of the problem first. The majority of conflicts can be resolved if both parties can sit down and discuss their individual concerns with each other.
- Follow procedures of the HOA such as attend a hearing, address a manager, committee or board member regarding the issues at hand.
Formal ways to resolve conflicts in a Las Vegas HOA:
- If you are unable to resolve a conflict or dispute informally, there are other options to assist with resolutions such as going through Mediation by filling out the “Intervention Affidavit” (form 530) with the Ombudsman’s office at the Nevada Real Estate Division or going through the Alternative Dispute Resolution process which includes the referee program, mediation and arbitration, also available through the Ombudsman’s office. Other resources are animal control, code enforcement, legal aid, health department or the Regional Justice Center, Neighborhood Mediation Center and Henderson Mediation Center.
Once again, it is always best to try to resolve conflicts on your own before going through the formal process of resolving disputes as the formal process can be costly. Fees can be a simple filing fee of $50 or they can climb rapidly into the thousands of dollars.
If you have any questions, please feel free to contact a member of the Shelter Management Group (SMG) team, we would be happy to help! Contact us at 702 – 818–4780 or info @ sheltermanagementgroup.com
Article Authored By: Jamie Collins, Supervising CAM, CMCA, AMS agent at Shelter Management Group (SMG)