The Growing Concerns: Where HOAs Are Facing Backlash

Several recent HOA disputes have put Nevada associations in the spotlight. Here are a few notable examples:

1. Can HOAs Ban Certain Vehicles from Being Parked?

• In Las Vegas, homeowner Brad Poirier was fined for parking his new Tesla Cybertruck in a common area because it was too large for his garage. The HOA cited fire safety concerns, but the homeowner argued that no reasonable alternatives were provided (The Sun, 2024).

2. Can HOAs Restrict Holiday Decorations?

• The Caughlin Ranch Homeowners Association in Reno attempted to introduce a policy limiting holiday decorations to only federally or state-recognized holidays, effectively banning celebrations like Halloween unless granted prior approval. This sparked community backlash over what many saw as an overreach (The Sun, 2024).

3. Do HOAs Have the Authority to Fine for Awareness Signs?

• In Sparks, Nevada, resident Kerri Countess was fined $100 per week by her HOA for placing suicide awareness signs on her property in memory of her son. After years of displaying the signs without issue, she suddenly faced fines, prompting her to remove them and instead invest in digital billboards (The Sun, 2024).

What This Means for HOA Boards and Managers

These cases highlight key areas where HOAs can improve their approach to rule enforcement and community relations. Here’s what your HOA should consider:

1. Balance Rules with Practicality and Reason

• Homeowners are looking for reasonable enforcement – not rigid, blanket policies. If a rule does not serve the community’s best interests, consider reviewing and amending it to be fair and enforceable.
• Parking restrictions, for instance, should allow for exceptions when no practical solutions exist.

2. Community Engagement Is Key

• Before making major policy changes, involve homeowners in discussions. Whether it’s parking, holiday decor, or signage, transparent communication can prevent misunderstandings and legal conflicts.
• Hold open forums or send out community surveys to gauge resident sentiment before implementing changes.

3. Ensure HOA Rules Comply with State and Federal Laws

• HOAs must align their rules with state and federal regulations, including First Amendment protections regarding signage and free expression.
• Homeowner-friendly policies that are legally sound help avoid lawsuits and unnecessary disputes.

4. Consider Alternative Solutions Before Fining Homeowners

• Instead of immediately issuing fines, HOAs should work with homeowners to find solutions. If a homeowner cannot park their vehicle in their garage due to its size, could a designated oversized vehicle area be created?
• Educating homeowners about rules in advance and offering alternatives can prevent conflict.