Legal Question in Legal Ethics in Nevada
Running for Political Office Within the County--Rights to Endorsement by Homeown
I was told during a Homeowners Association Meeting, that they could not endorse any political candidates because of NRS Chapter 116. I did some research and found nothing that prohibits them from endorsing a candidate. Could you help me research this issue a bit more so I can inform the association of the appropriate course(s) to take? Also, are there any Nevada Supreme Court Rulings that negate association rules regarding political sign usage as well as endorsements? Thank You.
1 Answer from Attorneys
Re: Running for Political Office Within the County--Rights to Endorsement by Hom
I cannot imagine that you have a "right" to endorsement by homeowners' association, but if an authorized representative offered it, and then the governing board withdrew that offer, I believe their citation to NRS 116 is just a smoke-screen to save face in reneging on the offer. Campaign practices in Nevada are governed by NRS Chapter 294A, with some additional mention in Chapter 281.
I don't find any statutory restriction on a homeowners' association being able to endorse a candidate, either, so I would ask whoever made that representation to point out the authority precluding such action, if you are adamant about getting this endorsement.
Regarding signage, you will find some guidance in NRS Chapter 410, but should also check out Reno Municipal Code Chapter 14.16. You can find the latter online at: http://www.municode.com/. I don't find anything that would override the individual property owners' right to restrict the use of their property (i.e., the neighborhood representatives elected to regulate conduct within the neighborhood). Take some time and review it all to your own satisfaction, though.
Good luck with your campaign.
Rick D. Williams, Esq.
775-358-1958
mailto:[email protected]