Las Vegas, Nevada HOAs, Collection Agencies Lose Two Court Rulings

A judge has ruled that investors in foreclosed Las Vegas homes in Nevada did not exploit or has taken advantage of the legal system by challenging what they call overstated homeowner association assessments and collection costs.

Gloria Sturman, Clark County District Court Judge, tossed out a lawsuit filed by 3 big collection agencies on June 3. The lawsuit was against investors that includes Las Vegas attorney Puoy Premsrirut and brother Rutt Presmrirut

Angius and Terry Collections LLC, Nevada Association Services Inc. and RMI Management LLC – the collection agencies mentioned, lost to what Sturman stated that their lawsuit look as if to be a “fishing expedition” intended for gaining more information about a bigger group of investors that the collection agencies frequently mingle with.

The collection agencies stated on their March lawsuit that the Premsrirut and others are challenging particular HOA assessments, collection costs and liens next to the foreclosed Las Vegas homes they buy. In their statement, they said that Premsrirut and others are “achieving economic gain through intimidation and abuse of the legal system.”

According to the Premsrirut lawyer, the lawsuit is what the Nevada law barred is called Strategic Lawsuit Against Public Participation. It is also said that it was barred as they discourage free speech.

Sturman dismissed the case in which she sided with the Premsrirut.

Sturman says that the lawsuit is a fishing expedition that tries to link up and shows big conspiracy involving all the people in the Las Vegas community working against homeowners associations. She also acknowledged the fact that they may be connected because some of them may have a common lawyer and shares the same element of ownership.

Clark County District Court Judge Elizabeth Gonzalez ruled in a second ruling last June 2 that the HOA “super priority” liens against homes for overdue assessments are restricted to 9 times their monthly assessment. Also including costs for required emergency repairs.

This is the usual issue that has been extensively sued or has been taken legal action to. The Nevada Supreme Court is likely the one to decide upon the matter as HOAs and collection agencies said that they need to regain all expenses that pile up against foreclosed Las Vegas homes.

The Nevada Legislature declines the last minute of establishing new rules on what collection costs HOAs can oblige homeowners and investors in foreclosed homes to pay, court cases is continuing in state and federal courts and the Nevada Real Estate Division over the subject.