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Monday, September 7, 2015

You've Heard the Word, but What Exactly is the function of this office ?


What is an Ombudsman ?


I'm sure many of you have heard the word, but...

What is it ?

Interestingly, the term "ombudsman" is derived from an Old Norse Scandinavian term meaning "representative"...one who is authorized to act on behalf of someone else.

Usage of the word goes back to the year 1241 as part of Danish law, and dates back to the year 1552 in Norway and Iceland.

In 1809 the country of Sweden instituted the "Swedish Parliamentary Ombudsman" as an official arm of their Government with this objective":

...to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch of the Swedish government. 

Here in Nevada, we have "The Office of the Ombudsman for Owners in Common-Interest Communities"...



...and its purpose, simply stated, is ....



...to protect homeowners.

According to their mission statement:

"The mission of the Office of the Ombudsman for Owners in the Common-Interest Communities and Condominium Hotels is to provide a neutral and fair venue to assist homeowners in handling issues that may arise while living in a common-interest community."

Just what is a "common interest community"?

It is a community such as Sun City Anthem where we can enjoy various amenities or common elements, which in our case, include the three recreation centers and swimming pools, the tennis courts, a theater, meeting rooms, and card rooms.

 It is also sometimes called a Homeowners Association (HOA) or Unit-Owners’ Association.

A common interest community is governed and operated by a board of directors. 



The board is responsible to enforce the governing documents of the common-interest community such as the CC&Rs, the Bylaws, architectural standards, and certain other various rules.


This is NOT a perfect system. 

There are no requirements for directors to have any skills or experience to perform those duties or responsibilities; and as a result, in many cases (as in Sun City Anthem), there are often controversies that occur which affect the efficiency of the HOA.

Nevada State Law recognizes this flaw and says:

Unit-owners’ associations have power over one of the most important aspects of a person’s life, his residence...

...because homeowners invest financially and emotionally in their homes.”

Sadly, a number of unit-owners’ associations in Nevada have experienced a history of abuse of power, and if one believes they have incurred such abuse, the Ombudsman is there to help.

That abuse can include being unfairly treated or not receiving the proper respect a member of an HOA has a right to deserve.

That right comes under the Nevada Revised Statutes Chapter 116...more commonly referred to as NRS 116

This is a set of laws designed to govern all Nevada "common interest communities".

If you would like a complete description of the Ombudsman's duties, merely click on this link:

The most common method of resolving a dispute between the parties (the homeowners association and the resident)  is by way of filing a complaint.

Here's How to File a Complaint

1. Print form #530, Intervention Affidavit with instructions. If you do not have the ability to print, contact the office by phone or in person to receive a copy of form #530.

Here is the link to obtain this form:

2. Send a certified return receipt letter to the respondent detailing your complaint and a suggested resolution.

3. Allow for a reasonable time for the delivery, then attach a copy of your certified letter, exhibit #1, and a copy of the certified return receipt card to the completed Intervention Affidavit.

4. Mail, or hand deliver, the notarized Intervention Affidavit to the Ombudsman’s office at:

The Ombudsman's Office
Nevada Real Estate Division
2501 E. Sahara Ave.  Suite 202
Las Vegas, NV 89104-4137

The telephone number of that location is:

(702) 486-4480

Have a question?  If so, we'll try to get you an answer from our  NRS116 expert, Tim Stebbins.

Send us an email at:


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