One of the heroes of our movement, Dr. Gary Solomon, has won a round in his own battle against an out-of-control HOA in Nevada. It involved an idiotic fine of $100 so he tried to get it heard in Small Claims Court, where it really belongs. That court kicked him upstairs to District Court which really has no business hearing 100 dollar claims. After two years, Solomon has won the right to take the case back to Small Claims. Here’s the decision:
Minutes
12/09/2014 3:00 AM
– This is an appeal from a Small Claims Judgment entered in the Las Vegas Township Justice Court. By this Judgment filed May 5, 2014, the court found that it lacked subject matter jurisdiction over this case, and that it had to be filed in District Court instead. This case involves a fine of $100 imposed by Respondent Palm Hills Home Owners Association (the HOA ). Petitioner Dr. Solomon ( Solomon ) disputed the imposition of the fine. It appears that a lien was placed by the HOA against the subject property as well. Pursuant to NRS 38.310, because this dispute involved the interpretation, application or enforcement of the community’s CC&R s, the dispute first had to be submitted to arbitration or mediation with the Nevada Real Estate Division ( NRED ). Solomon filed a complaint with NRED which resulted in a ruling in favor of the HOA and against Solomon. The arbitrator also awarded the HOA $7348.17 for attorney s fees and costs incurred. Pursuant to NRS 38.330(5), within 30 days after the final decision and award in this nonbinding arbitration, Solomon was permitted to commence a civil action in the proper court concerning the claim which was submitted for arbitration. This action would be a de novo proceeding. Solomon filed this case in Small Claims Court in the Las Vegas Justice Court. The Justice Court found it lacked subject matter jurisdiction and dismissed the case, holding that NRS Chapter 38 . . . requires that such disputes be adjudicated in District Court. However, nothing in chapter 38 specifies that this de novo proceeding must be filed in District Court. Moreover, the case the HOA relies on, Hamm v. Arrowcreek Homeowners Association, 124 Nev. 290, 183 P.3d 895 (2008), does not address the question of jurisdiction as between district court and justice court. The HOA also argues that the lower court lacked jurisdiction pursuant to NRS 4.370(2) because this is an action in which the title of real property . . . [is] involved. However, in the Hamm case, the Nevada Supreme Court held that even a dispute about HOA fines where a party sought to release a lien imposed does not relate to title to the property. Additionally, while the HOA disputes whether Solomon ever held title to the property at issue in this case, this defense of the HOA is not to be considered in evaluating subject matter jurisdiction, which instead is based on an evaluation of the face of the complaint. The fact that the HOA may challenge Solomon s ability to proceed as a real party in interest does not deprive the court of subject matter jurisdiction. Thus, this case in which Solomon filed a small claims complaint for less than $7500 was properly filed in Small Claims Court and that court s dismissal was in error. Accordingly, the Small Claims Judgment is hereby reversed and the case remanded for further proceedings in accordance with this Court s ruling. CLERK’S NOTE: The above minute order has been distributed to: Gary Solomon, 1001 Calico Ridge Dr., Henderson Nv. 89011, & Troy Dickerson (Angius & Terry) 1/28/15 kr
I’m not smart enough to know if anti-HOA activist Jonathan Friedrich will win his HOA lawsuit in Nevada. He claims he bought the house before the developer included it in an adjacent HOA. Friedrich says his home and several others were missed, and the paperwork was only recently filed. But more than anyone else I know in the country, Jonathan has chutzpah.
If your picture is a little grainy, it’s a 50 foot long banner that says, “Rancho Bel Air is Stealing from us and Breaking The Law!
Reminds me of the old advertising saying that goes:
I suppose it’s bad manners to dance on someone else’s grave, but if I had good manners I would never have started this website. But this one is too good not to note.
Another woman has been indicted in the federal racketeering case against a dozen Nevada Homeowners Associations. There’ve been about forty federal indictments already, with most of the suspects pleading guilty in exchange for their testimony in court. Stephanie Liane Markham has the honor of being the latest to be indicted for perjury and obstruction of justice. Seems she’s accused of lying to the feds about the fact she only had a one percent interest in a condo at the time she ran for a seat on the board.
In complaining the other night about health problems, age problems and computer problems, I completely forgot the main point of bringing all of this up in the same post. It was a way of directing you to one of the funniest commentaries on old age that I’ve ever seen. It was a speech to the Conference on Aging done by a well known California weatherman.
You may end up with some laughter-related medical problems of your own.
Living in Colorado, I know there’s a big problem in this state with coyotes killing pet cats and dogs. Driving up and down suburban boulevards you see countless posters asking for people to help find a missing pet. In almost every case the pets have been killed by coyotes. And it’s not just small pets, either, it’s German shepherds, boxers, even pit bulls and mastiffs. When a pack of coyotes starts ‘harvesting’ there’s no breed of dog that can’t be easily taken down.
If your picture is a little grainy, it’s a 50 foot long banner that says, “Rancho Bel Air is Stealing from us and Breaking The Law!
