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Q&A: After the Floods

Q. I own a condo that I sublet to a renter. Recently, the apartment flooded twice: once when the renter, who is ill, had left the water on by mistake. The second time seems due to plumbing issues that I am responsible for, and which are being repaired. To my knowledge, there wasn’t any damage to adjoining units either time, but the condo board now refuses to approve my renter’s renewal lease. Do I have any recourse to delay or appeal their decision? I am less concerned about my loss of income than I am about forcing someone who has significant medical problems to move immediately, especially while the pandemic continues.

                      —Trying to Keep My Renter

A. “In Nevada,” says Adam Clarkson, attorney at The Clarkson Law Group, with offices in Las Vegas and Reno, “an association has no right to approve or disapprove a lease unless the association’s Covenants, Conditions, and Restrictions (CC&Rs) expressly provided that power to the association at the time the owner purchased the unit. See Nevada Revised Statutes (NRS) 116.335(2). It is actually incredibly unusual for the CC&Rs of Nevada community associations to actually contain such a provision. Therefore, it is highly likely that your association is attempting to exercise a power that it does not lawfully possess, which you would not have to comply with and the association would have no right to enforce. A review of your association’s CC&Rs will likely confirm this to be the case.”

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