WHEREAS, NRS 116.615 empowers the Common-Interest Communities and Condominium Hotels (CICCH) to adopt regulations for fair enforcement and complaint resolution in homeowners associations (HOAs), yet the Commission has failed to promulgate rules ensuring timely, impartial processing of homeowner complaints, leading to unchecked abuses like fiduciary breaches and conflicts of interest;

 

WHEREAS, current NAC 116 provisions (e.g., Nevada Administrative Code 116.553–116.635) lack enforceable deadlines, independent oversight, and public accountability, allowing complaints to languish or be dismissed without justification, as evidenced by homeowner advocacy reports and unaddressed petitions;

 

WHEREAS, this inaction violates the spirit of due process and homeowner protections under NRS Chapter 116, disproportionately harming Nevada residents in over 3,700 common-interest communities;

 

BE IT RESOLVED, that the The Independent American Party (IAP) of Nevada calls upon the CICCH to immediately adopt amendments to NAC 116 requiring:

- Complaints to be acknowledged within 10 business days and fully investigated within 60 days, with extensions only for documented good cause;

- Mandatory public reporting of complaint statistics quarterly, including resolution rates, dismissal reasons, and any industry affiliations of decision-makers;

- Independent audits of the Ombudsman's Office to prevent regulatory capture by HOA management firms or attorneys;

- Penalties for non-compliance, such as fines up to $5,000 per delayed case, redirecting funds to homeowner education programs.

 

BE IT FURTHER RESOLVED, that if the CICCH fails to act within 6 months, the IAP supports legislative amendments to NRS 116.615 mandating these regulations and empowering citizens to petition for judicial review of agency inaction.