Nevada high court adopts restrictions on HOA property guidelines

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 5, 2022 12:37 PM

Objecting to the architectural and design rules that the Elk Point Country Club Homeowners Association promulgated for its common-interest community on the eastern shore of Lake Tahoe, Jerome Moretto asked the Nevada Supreme Court to adopt restrictions imposed by Secs. 6.7 and 6.9 of the Restatement (Third) of Property: Servitudes.Section 6.7(3) says a homeowners’ association “may not” use “a general power to make rules and regulations” to “adopt rules or regulations governing use or occupancy of, or behavior within …

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