Association homeowners may foot the bill if their HOA loses a lawsuit. Typically made up...
Homeowners have the right to peacefully enjoy their property in Nevada and HOAs are often called upon to settle disputes. When a homeowner is harassed by a neighbor, the HOA is not obligated to get involved, nor do they have legal jurisdiction over these issues. When harassment occurs, the offended homeowner can file a lawsuit against the offending homeowner, but the HOA does not have a duty to involve itself.
The Right to Quiet Enjoyment
Homeowners have the right to peacefully enjoy their homes. They have the right to do so without interference or harassment from their neighbors. In fact, most CC&Rs include language that specifically state that homeowners are required to respect the privacy and peace of their neighbors. These also include language that identify how neighbor disputes are to be handled and specifies any actions the HOA will take when issues arise.
Types of Harassment
HUD recognizes two types of harassment. The first is Quid Pro Quo Harassment. This occurs when a homeowner receives an uninvited request or improper demand from a neighbor. For instance, a neighbor repeatedly insists that another neighbor use a particular vendor or service in exchange for stopping the requests.
The second form of harassment is Hostile Environment Harassment. It is the most common type of harassment that the majority of HOAs have to contend with. This involves subjecting homeowners to conduct that interferes with their ability to peacefully enjoy their residence. This can include banging on the walls when a radio is perceived to be too loud, making harassing statements about a neighbor’s choice of landscaping design, or spreading rumors within the community.
The Federal Housing Administration also recognizes harassment based on the homeowner’s race, religion, sex, familial status, ethnic origin, and disability. These may also include racial slurs, insults, discriminatory behaviors, and outright threats. Many times, these types of harassment can lead to civil or criminal complaints filed by the offended homeowner. In these instances, the HOA’s records may be requested by investigators.
HOA’s are Not Required to Act HOAs do not have to get embroiled in disagreements between neighbors. The Attorney General’s office can prosecute these disputes if the homeowner wishes to pursue the matter. In Nevada, HOAs do not have jurisdiction, nor do they have a duty to get involved in harassment between homeowners in the community.