CARSON CITY — Three members of a state board overseeing Nevada’s homeowners associations have been replaced by Gov. Brian Sandoval, but a state official said Wednesday it has nothing to do with a dispute over the ability of collection agencies to recover costs on foreclosed homeowners association properties.
Chairman Randolph Watkins and members Robert Schwenk and Gary Lein are no longer serving on the board after a meeting last week in which they opposed a motion to set aside a 2010 opinion by the Commission for Common-Interest Communities and Condominium Hotels. The opinion said collection agencies could collect fees and costs when foreclosed properties were sold.
The item was on the agenda of the commission’s February meeting after the attorney general said Feb. 14 the commission had no authority to issue its own advisory opinions on such matters.
The commission opinion conflicted with an advisory opinion by the Real Estate Division, which oversees the commission, that said Nevada state law does not allow collection agencies to recover fees and costs in foreclosure actions.
Commissioner Jonathan Friedrich, who represents homeowners on the board, sought a vote Feb. 27 to rescind the commission’s opinion. The motion failed on a 3-3 vote with one member absent. Voting against the motion were Watkins, Schwenk and Lein. Watkins represented developers on the board, Lein was an accountant representative, and Schwenk represented association managers.
The two homeowner representatives and the attorney representative voted for the motion. Read more: