The rules were recorded before you bought the house.

Where the rules come from

When a subdivision is created, the developer records a declaration against every lot in it. From that day the declaration is part of the title, and it appears in the title report each time a lot is sold. A buyer accepts it by accepting the deed. That is why “nobody told me” is not a defense, and why the covenants should be read before closing.

An association will usually also have bylaws and a set of rules adopted by the board. They rank in that order: the recorded declaration first, then the bylaws, then the rules. A rule the board adopted cannot contradict the declaration, and none of them can contradict state law.

Nevada-specific detail

Notice and a hearing come before a fine

In a Nevada common-interest community, an owner is entitled to written notice of the alleged violation, a reasonable chance to cure it, and a hearing before the board, before a fine can be imposed. The statutes also limit how much can be fined for most violations. A fine that skipped those steps is open to challenge on that ground alone.

Some things no covenant can forbid

Nevada statutes protect certain choices whatever the declaration says, within reasonable limits on placement and manner. Among them are displaying the flag of the United States, installing solar energy systems, and planting drought-tolerant landscaping.

Owners have a right to the records

The association’s budgets, financial statements, minutes, and contracts are open to the owners who pay for them, and board meetings are open as well, with narrow exceptions.

Mediation before a lawsuit

The Nevada Real Estate Division has an Ombudsman’s office for owners in these communities. Most disputes about what the governing documents mean, or how they are being enforced, must go through the Division’s mediation or referee program before a lawsuit can be filed. A claim that skips it is likely to be dismissed and sent back.

Covenants with no association

Older neighborhoods often carry recorded restrictions and no organization to enforce them. They can still bind the property, and a neighbor may be able to enforce them directly. They can also be unenforceable: because they were abandoned, because they have been enforced against some owners and ignored for others, or because the restriction itself is void. A covenant that discriminates on the basis of race or religion is void everywhere, however many deeds still recite it.

If a letter has arrived

Read the covenant the letter cites, in full. Note the date by which you are asked to respond, and respond in writing. Ask for the hearing; it is yours by right, and asking commits you to nothing. Check whether the rule was adopted properly and whether it has been applied to everyone. Then decide, calmly, whether this is worth contesting. Some end with one careful letter.

Before you buy

The seller of a home in a common-interest community must provide a resale package: the declaration, the bylaws and rules, the budget, the current assessments, and any unpaid amounts or pending violations on that lot. Read it before closing. It is the one point at which you can still walk away.