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Maddox, Segerblom & Canepa

When Security Walls Come Tumbling Down: Is the HOA Responsible?

HOAs often have security walls around their perimeters, and the Nevada Legislature passed a law in 2009 that requires the HOA to repair these walls when necessary. However, the law raises questions for the HOA when they need to make these repairs. An HOA lawyer can review their covenants to ensure that it is clear who is responsible and that Nevada law is followed.

The HOA Must Handle Security Wall Repairs Under Most Circumstances

The Nevada law mandated that the HOA has legal responsibility for any security wall located inside the community that borders on a common area. This is not the same thing as a wall that encloses a gated community. Instead, the wall must be inside the community. These walls are often owned by the individual property owner, and the responsibility for their maintenance can be confusing.

For the HOA, it means that they will need to increase their financial reserves in case they need to make these costly repairs. However, the homeowners are often the owners of these security walls through their deeds. Under Nevada law, it is possible that an HOA does not have to foot the bill for these repairs if the governing document states that the homeowners must pay for it themselves. The HOA also has the ability to petition the county to take over the responsibility for these walls. 

The HOA May Encounter Legal Issues When Repairing Security Walls

There are numerous legal issues involved with the potential fixes. First, an HOA may need to enter onto private property to make these repairs and may need specific permission from the owner. The HOA must maintain the walls when they do not own them or the property on which they are located. 

Second, the HOA may need to increase its financial reserves and its operating budget. If there are extensive necessary repairs, it could mean that the HOA must pass the expense along to all homeowners in the form of a dues increase or special assessment. This will be very controversial because the walls are not commonly owned. 

Finally, the HOA must repair the damage to the walls, no matter who caused it. This could include vandals. There are also instances in which the homeowner themselves could have done the damage, and the HOA must pay for the repairs because of this law. 

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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