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When An HOA Is Responsible for Neighbor-to-Neighbor Harassment

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. 

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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