Title/Summary- Related to childcare. Oppose
AB 185 precludes an HOA from prohibiting the operation of a licensed child care facility. Over 50 restricted HOAs are exempt. The bill follows a nationwide trend of states passing laws to require HOAs to allow licensed childcare facilities in their communities, as "a matter of public interest". Alternatively, many people desire and purchase in HOAs on expectations they prohibit the operation of a business from one's home.
There is also the issue, few are talking about. Does the bill and other HOA related bills like it 1) disrupt pre-existing HOA's agreements and 2) overstep the authority the Legislature should exert over an HOA and its owners? Importantly, is the law a reasonable and appropriate means of furthering a "significant and legitimate public interest." (i.e. the law undermines the contractual bargain, interferes with a party’s reasonable expectations, and prevents the party from safeguarding or reinstating his right- (see Sveen v Merlin, 584 U.S. 2018).
HOAs are founded on a governmental promise unit owners will able to control and regulate unit's owners- within limits. HOA's are communities governed by a contract (CC&Rs that effectively serve as the community's constitution). Democratic principles apply (a community’s power of the vote). AB 185 is one of five bills (AB 152, AB 322, AB 396 & SB 201) where Legislators seek to inject themselves into private contracts mandating provisions. Is the public interests alleged protected sufficient justification for the impairment of these contracts?
This bill addresses a symptom of HOAs- not the underlying problem created when declarations can be attached to homes by developers, intruding into the personal lives, with effectively little regulatory oversight. Then lawmakers invoke "public interest" to legitimize trendy special interests intervention. Read more here.
Find here a Nevada Current story on the bill.
The bill was passed out of Asm Govt Affairs with an amendment removing overrides of local jurisdiction to oversee zoning. Yet, it retained overrides to HOAs doing the same.
Assembly Government Affairs hearing held March 10, with no action.
Working session Ass Govt Affairs conducted March 31st. It passed out.
