The following was written by Bob Robey and I thought it most interesting for those of you who like me ask the question of how, if SB174 passes as written, a HOA board will define the term "misconduct"Subject: SB 174 Sec. 12. NRS 116.3115 is hereby amended to read as follows:
Subsection 6. 6. [
If any common expense is caused by the misconduct of any
6 unit’s owner, the] The association may assess [that] a common
7 expense exclusively against [his or her] an individual unit [.] if the
8 common expense:
9 (a) Is caused by the misconduct of a unit’s owner, a tenant or
10 an invitee of a unit’s owner or tenant; or
11 (b) Is for the legal fees and costs incurred by the association to
12 enforce a violation of the governing documents.
What is misconduct?On February 24, 2011 Common Interest Commissioner Randy Watkins, according to my notes, lauded the Levittown HOA as being the start of a great industry. My point is not to argue that point but my thrust is to make those who don’t know the history aware of the truth.
Levittown Racial Exclusion Clause: "The tenant agrees not to permit the premises to be used or occupied by any person other than members of the Caucasian race. But the employment and maintenance of other than Caucasian domestic servants shall be permitted.''
And that was how it was when I was a child. How did I come to already know this? My parents bought a house in a nice suburb in K.C. Mo. The Codes, Covenants and Restrictions were mild compared to NRS 116 but they were discriminatory. In 1948, something happened to my neighborhood. The Supreme Court decided the following on May 3, 1948 SUPREME COURT OF THE UNITED STATES, certiorari to the Supreme Court of Missouri, upheld the right of Mr. Shelly and Blackman to buy real estate from Mr. Kraemer a white man. WHY! State judicial enforcement of restrictive covenants based on race denies the equal protection of laws in violation of the Fourteenth Amendment. Read more: Shelley v. Kraemer (1948)
http://scholar.google.com/scholar_case? ... i=scholarr
Therefore, I wish to point out that “social evils” have been practiced under the guise of Codes, Covenants and Restrictions. But do they still exist?
CITATION from Senator Michael Schneider. But one lawmaker who helped write the rules says there are plenty of examples of HOA board members overstepping their bounds. Channel 13, Las Vegas, 2/24/2011
"You can tell that the problem is just permeating out there through the whole community, the whole state," says Nevada Senator Mike Schneider.
WHAT IS MISCONDUCT????????? 