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.
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:
Anthem Opinions
Administration
No comments:
Post a Comment