In the latest in a series of such lawsuits, the Aliante planned community’s homeowners association in North Las Vegas is accused of gouging buyers of foreclosed homes.
Prem Deferred Trust, an investor in foreclosed homes, filed suit against the Aliante Master Association on Nov. 3 in Clark County District Court.
Attorneys are seeking class-action status for the suit to represent certain buyers of foreclosed homes — those who purchase the homes at auctions held by the first mortgage holder and who are required to pay alleged "unlawful lien amounts" and "excessive amounts" under the community’s covenants, conditions and restrictions.
Similar to suits pending against the Southern Highlands Community Association, the new suit against the Aliante HOA charges it has been wrongfully filing "notices of delinquent assessment liens" that the buyers of foreclosed homes must pay off to gain title to the homes.
The notices typically cover past-due HOA assessments, fines and collection costs that accumulated under the prior owner or while the homes sat vacant, before being foreclosed on. The failure of property owners to pay off the liens can cloud title to their properties and lead to HOAs foreclosing on the properties.
Homeowner associations in Southern Nevada say they need to collect past-due assessments and recover their collection costs to keep their budgets balanced and provide needed services to property owners.
Investors in foreclosed homes argue the most they’re required to pay is limited by state law to nine times the monthly assessment plus costs needed for emergency repairs.
The HOA and collection agencies disagree, and a case on appeal to the Nevada Supreme Court may decide the issue.
In the Aliante case, Prem Deferred Trust said it purchased a home in Aliante in April 2010. Two months later, the trust said, the HOA filed a $2,324 notice of delinquent lien against the property.
"The lien was wrongful because a large part of the lien was for assessments and costs which were owed to the defendant by the prior owner of the property," the lawsuit said.
A request for comment was placed with an attorney for the Aliante HOA.
In a second set of pending lawsuits,longtime homeowners in HOA communities in Southern Nevada have accused HOA debt collection agencies of violating the federal Fair Debt Collection Practices Act by using phony legal documents and other illegal tactics to collect delinquent assessments and fines — charges denied by the collection agencies.