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Questions We Get Asked

Most of what we get asked is a belief phrased as a question. So this page takes the beliefs directly and says whether each one holds, because a wrong assumption costs more here than a missing fact.

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  1. Address
  2. Damage
  3. HOA
  4. Contact

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Condition
AnyIncluding cleared lots
Location
City or unincorporatedBoth
Cost to You
NothingNo fees, no commission

Beliefs About the Association

"My HOA Only Deals With Landscaping and Paint."

Sometimes true and frequently not. Under NRS 116.31135 an association must promptly repair or replace damaged portions for which insurance is required, and whether your structure is such a portion depends on the declaration rather than on what the association usually does.

"It Is My House, So It Is My Decision."

Not necessarily. Where the repair duty sits with the association, the exceptions are narrow: termination of the community, illegality under a health or safety statute, or eighty per cent of owners voting not to rebuild.

"My House Is Detached, So This Cannot Apply."

Detached does not determine it. Plenty of single-family communities have declarations placing the structures on the association's side of the line. The document decides, not the building type.

"If Insurance Falls Short, That Is My Problem."

Not necessarily yours alone. The cost in excess of insurance proceeds, deductibles and reserves is a common expense, which cuts both ways depending on whose unit burned.

"Our Documents Override the Statute."

Not for housing. Those provisions may be varied or waived only where every unit in the community is restricted to nonresidential use.

Beliefs About Where You Are

"My Mail Says Las Vegas, So I Am in Las Vegas."

Very often false. ZIP codes across the unincorporated towns are assigned the place name Las Vegas for mailing purposes. Enterprise, Spring Valley, Sunrise Manor, Paradise and Winchester are not in the city.

"Those Places Are Small, Though."

They are not. Enterprise recorded 221,831 residents at the 2020 census, Spring Valley 215,597 and Sunrise Manor 205,618, and none of them is an incorporated city.

"The Rules Must Be the Same Across the Valley."

Permitting is not. Las Vegas, Henderson, North Las Vegas and Boulder City each run their own departments, and Clark County handles the unincorporated areas. State law is uniform; the permit counter is not.

"Henderson Is Basically Las Vegas."

It is Nevada's second largest city with its own building department. An application filed with the wrong office is not forwarded to the right one.

Beliefs About the Building

"The Stucco Walls Are Still Standing, So the Shell Survived."

False. Stucco is a skin over framing and carries nothing. Once fire has reached the framing behind it there is no shell to preserve.

"Newer Construction Holds up Better in a Fire."

Generally the reverse, after the fact. Engineered trusses and floor systems come out whole once heat compromises the connections, where older framing of larger dimension chars and can often be retained in sections.

"The Foundation Is Concrete, So It Is Fine."

Not established. Heat damage to a slab is invisible, which is exactly why buyers discount for it. An engineer converts an unbounded unknown into a number.

"Clearing the Lot Will Help Me Sell."

Rarely, and in an association you may not be permitted to. Demolition is a cost any buyer prices in, and clearing removes options without gaining anything.

Beliefs About Selling

"I Have to Settle the Claim Before I Can Sell."

False. Proceeds and property are separable and who keeps the claim is a contract term. Where a master policy is involved there are two claims to account for.

"The Transfer Tax Is Negotiable."

It is arithmetic. Clark County charges $2.55 per $500 of value, made up of the $1.95 state rate and a $0.60 county addition, and both grantor and grantee are jointly and severally liable.

"The Highest Offer Is the Best Offer."

Not where the highest number came from a buyer who has not seen the declaration. An offer priced before the governing documents were read is an early number rather than a high one.

"A Cash Buyer Will Always Beat Waiting."

Not where the association is obliged to repair. No offer competes with work somebody else must perform, and we will tell you when that is your position.

If your question is specific to your property — and the good ones usually are — send the address. The answer often turns on the declaration and the jurisdiction, and our service area index sets out what changes across the valley.

Ask About Your Specific Property

General answers only go so far. Send the address and we will answer for yours.

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  1. Address
  2. Damage
  3. HOA
  4. Contact

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