HOA fee issue likely headed back to Nevada Supreme Court - VEGAS INC
This is from October 9. It seems that the legal challenges to HOA fees and fines has been underway for some time. Investor owners (and now the Bank of America) are challenging the practices that lawyers for HOAs and condo associations have been using agains individual owners, who are unable to fight back properly. Reporter Steve Green has been writing about it on Vegas, Inc.:
"The investors, represented by Las Vegas attorneys James Adams and Puoy Premsrirut, in recent years have sued hundreds of Nevada HOAs and their collection agencies in state and federal court and before the state Real Estate Division. The investors’ attorneys claim HOAs and their collection agencies regularly file inflated liens against foreclosed homes to recover not just excessive past-due monthly HOA assessments that accumulate while the homes sit vacant, but unauthorized collection costs for those assessments as well. The liens must be paid off for the investors and other buyers to obtain titles to the homes. The investors claim state law and sometimes HOA governing documents limit the liens to an amount equaling six or nine months of assessments depending on the circumstances."