Legal Question in Credit and Debt Law in Nevada

Legal right regarding homeowner versus homeowner association. In an attempt to negotiate monthly payments, the HOA increased our bill by 460%. The HOA also filed foreclosre precedings.This situation occured because of misrepresentation by the HOA and their employees.After many letters and phone calls within the last Five months ,we believe the HOA intentionally misleads people for their monetary gain. We have all the certified correspondence on file.

Is legal extortion supported by the State of Nevada. Does a homeowner have any recourse.

Thank You for your consideration.

Tom


Asked on 4/30/11, 1:43 pm

1 Answer from Attorneys
David Otto David Otto & Affiliates, PC

Extortion is a crime and is not allowed in Nevada or elsewhere. However, you are most likely not talking about extortion. If you are considering a lawsuit and demand settlement on a civil lawsuit, that is not extortion.

There are several remedies the homeowners could undertake. Nevada law allows with enough members voting to, remove the entire board and hold a new election, which is my suggestion if you have enough members to vote for it. Nevada law also provides for any member of the association to examine and copy the financial records of the HOA upon request. If you have more questions please call or write. You can find me by googling my name in Las Vegas. Thank you.

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Answered on 4/30/11, 1:55 pm


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