Title/Summary-Authorizes local authorities to improve/repair water or sewer systems that are owned by an HOA. OPPOSE
AB 10 seeks to amend NRS 271.147 "neighborhood improvement project" to include water or sewer system owned by a common-interest community (CIC). It provides a method for municipalities to step in when HOAs face issues. While I understand and agree with the intention behind granting municipalities the authority to intervene when HOAs face these infrastructure issues, I have concerns that now find me OPPOSED to AB 10. My reasons and letter to legislators in opposition can be found here.
Private HOA sewers are a legacy issue for many municipalities that initially permitted developers to construct them. Where they are not- they should be. Nevada municipalities are not alone in permitting them. These systems have long been recognized as problematic for several reasons: developers sometimes cut corners, leading to low-quality infrastructure. Furthermore, without rigorous municipal oversight, the materials and design may not meet long-term durability standards. Private sewers often lack clear, ongoing maintenance plans, leading to failures, backups, flooding, and environmental contamination over time. Although new private sewers are now rare in Nevada due to code restrictions, the underlying problem persists.
I believe the bills stops willfully short of what is needed. It does not resolve the fundamental issues.
I question the rationale behind the proposed exemptions and special treatment for CIC water and sewer projects, as detailed in Sections 3, 4, 5, and 6.
I have attempted to work with the representative of the City of Henderson, the bill's sponsorship. Not unexpectedly, they refuse, once again taking a path of least resistance and expedience.
It's worth noting that municipalities have been shifting public infrastructure costs onto HOAs for years. The recent high-profile water and sewer issues might only be the beginning. Nevada lawmakers, along with those in other states, should consider the long-term implications for HOA owners. These owners pay full property taxes and rates to the city or county but, instead of receiving public services such as street maintenance, streetlights, sidewalk repair, parks, and stormwater system upkeep, they also pay separate HOA dues to maintain these amenities themselves- and/or don't maintain them properly.
If you have joined, expect more updates on this topic from NvHOAreform soon.
First hearing held Tues. 2/18/25 @ 8:00, Assembly Comm on Government Affairs. Click here to view.
Working session was held 4/8/25 @ 9:00 am. Click here. It passed unanimously.
For the latest status of AB10 go to the Active 2025 Legislation page
