Request records to see if you’re being singled out by your HOA

Q: I am reaching out in hopes of obtaining guidance regarding what I believe to be ongoing selective enforcement and targeted harassment by my HOA, and how I may address this situation without incurring significant legal expenses.

I purchased my home in December 2021. During my first 3 years of ownership, I received only three violation notices, all of which were promptly addressed and resolved to the satisfaction of the HOA. However, after a new HOA president was elected in 2025, I began receiving violation notices for issues that were either not caused by me or had previously been resolved and approved by prior HOA boards.

It has become increasingly difficult to understand why I continue to receive violation notices while other homeowners are not cited for the same, similar, or even more visible violations. Many of these unaddressed conditions appear to have a greater impact on the overall appearance and property values of the community.

I have consistently responded to every violation notice in a timely and professional manner, providing detailed explanations, dated photographs, prior HOA approvals, receipts, and other supporting documentation. Despite these efforts, the matters are rarely resolved, and previously approved items continue to be revisited.

One example involves the landscaping surrounding my glass panel doors. The HOA has declined to restore irrigation to these bushes since 2023, despite the fact that they died due to failures in the HOA-maintained irrigation system. The HOA has restored irrigation and replaced landscaping at other properties under similar circumstances, yet no such corrective action has been taken at my home.

I am concerned about the lack of practical remedies available to homeowners in these situations. While I understand the Ombudsman’s Office provides a dispute resolution process, the process is lengthy and requires separate submissions for each violation. Since 2025, I have received approximately 10 violation notices, most involving issues that had already been approved or resolved by previous boards.

My primary goal is to have my water restored and to simply stop what appears to be a pattern of selective enforcement and harassment so that I can enjoy my home and community like other homeowners, without the emotional stress and financial burden of extensive legal action. I would greatly appreciate any guidance you can provide regarding available protections, oversight mechanisms, or alternatives to costly litigation.

A: Under NRS 116.31175 (5), a homeowner in a Nevada association has the legal right to request and review general record of association violation documents. A general violation record is to be maintained by the association which is separate from late assessments. The record must include a general description of the nature of the violation, the type of sanction imposed, the exact monetary amount if a fine or construction penalty was assessed.

You cannot see any identifying information of the offending homeowner it if violates confidentiality laws unless the specific documents are part of a formal public state disciplinary record.

You would need to submit a written request to the association. Under NRS 116.31175, associations are required to keep these violation records for at least 10 years. The association can charge you a reasonable fee to review or copy these records but cannot exceed $25 per hour which does not include the copy charges. The first 10 pages at 25 cents each and 10 cents for each additional page only if the records cannot be delivered electronically via email or a web portal. You can be charged for the actual cost of a flash drive or CD.

By receiving these records, the reader can see if they have been singled out in receiving violation letters.

If the association refuses, you would need to file a formal complaint using the Intervention Affidavit form with the Nevada Real Estate Division.

As to the replacement of the bushes, you would need to check your governing documents as to whether the homeowner or association is responsible for the replacement. If it is the association’s responsibility, you would need to file a written request to them.

Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.