What are the CCR’s (Covenants Conditions, Restrictions) and Bylaws

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Association ID = LEG Management Company ID = 7666

The Bylaws of The Legacy Pointe Homeowners’ Association (as of February 2024) are the rules that govern how your HOA operates in Washoe County, Nevada. They explain how the HOA is managed, how decisions are made, and the responsibilities of homeowners (Unit Owners). Here’s a simple breakdown:

1. What is the HOA and Who’s Involved?

• The HOA, called The Legacy Pointe Homeowners’ Association, manages the shared areas (Common Elements) and enforces rules for the community.

• Every homeowner (Unit Owner) is automatically a member of the HOA and must follow these Bylaws, the Declaration (another key document), and any HOA rules.

• A Declarant (likely the developer) has special control in the early stages, called the Declarant Control Period, until enough homes are sold.

2. Membership and Voting

• Membership: If you own a home (Unit), you’re a member. Membership ends when you sell your home, but you’re still responsible for any debts or issues from when you were a member.

• Voting: Each home gets one vote on HOA matters (e.g., electing the Board). You can vote in person, by mail, or by proxy (someone voting for you). If multiple owners share a home, they must agree on the vote.

• Meetings:

  • Annual Meetings happen yearly to elect the Board and handle business.

  • Special Meetings can be called for urgent issues or to remove Board members.

  • At least 20% of homeowners (or their proxies) must be present for most decisions (called a quorum), but some actions, like Board elections, don’t need this.

3. Board of Directors

• The HOA is run by a Board of 3 Directors who make decisions for the community.

• During Declarant Control: The Declarant appoints the Board. As homes are sold (25% and 50% sold), homeowners start electing some directors.

• After Declarant Control: Homeowners elect all directors at annual meetings. Directors serve 2-year terms and must be homeowners.

• What the Board Does: Manages the HOA’s money, sets rules, hires staff (like property managers), maintains shared areas, and enforces community rules.

• Limits: The Board can’t change the Declaration, end the HOA, or elect itself without homeowner approval.

• Directors don’t get paid but can be reimbursed for expenses.

4. Officers

• The Board picks Officers (President, Secretary, Treasurer) every year to handle daily tasks:

  • President: Leads meetings and signs documents.

  • Secretary: Keeps records and sends notices.

  • Treasurer: Manages money and budgets.

• Officers don’t get paid but can be reimbursed for expenses.

5. Meetings

• Board Meetings: Held at least every 3-4 months, with some after business hours. Homeowners can attend and speak (with time limits).

• Executive Sessions: Private Board meetings for sensitive issues (e.g., rule violations), but minutes are kept.

• Notice: You’ll get advance notice of meetings by mail or delivery.

• Virtual Participation: Board members can join meetings by phone or video.

• Decisions need a majority of Board members present (at least 2 out of 3).

6. Money and Budget

• The Board sets an annual budget and decides how much each homeowner pays in assessments (fees) for shared expenses (e.g., landscaping, repairs).

• Reserves: Money is set aside for big repairs (like roads or sidewalks) and needs two signatures to use.

• Financial reports are shared quarterly, and an annual report is sent to homeowners.

• The HOA can borrow money but needs homeowner approval for large loans (over 10% of the yearly budget for optional projects).

7. Rules and Enforcement

• The Board can make Rules and Regulations for the community (e.g., parking, noise, property upkeep). You’ll get a copy of new rules 30 days after they’re made.

• Violations: If you break a rule (or the Declaration), the HOA will:

  1. Send a Request for Compliance (warning) asking you to fix it.

  2. If you don’t comply, you’ll get a Second Request with a hearing date.

  3. At the hearing, you can explain your side, bring evidence, and question witnesses.

  4. The Board may impose sanctions, like:

     • Fines

     • Suspending your right to vote or use shared facilities (up to 30 days for one-time issues, longer for ongoing ones)

     • Charging you for repairs if you caused damage

• You’ll get at least 10 days’ notice of a hearing, and sanctions start at least 5 days after the hearing.

• If you don’t follow the Board’s decision, they can take further action (e.g., legal steps).

8. Fines

• If the HOA has a fine policy, the Secretary will send all homeowners a schedule of fines for specific violations.

9. Records and Transparency

• Homeowners can inspect HOA records (like budgets or minutes) during business hours, but the Board sets rules for when and how (and may charge for copies).

• Directors can always review records for free.

10. Changes to the Bylaws

• Declarant: Can change the Bylaws alone before selling the first home or during Declarant Control for legal or lender requirements, as long as it doesn’t harm homeowners.

• Homeowners: After Declarant Control, changes need approval from over 50% of homeowners (and Declarant consent if they still have control).

• Changes are recorded officially, and you’ll get a copy within 30 days.

11. Other Key Points

• Declarant’s Role: During their Control Period, the Declarant has major influence (appointing Board members, approving actions). Even after, they get meeting notices and can attend (without voting).

• Legal Protections: The HOA will cover legal costs for Board members or officers sued for their HOA work, unless they acted with gross negligence or intentional harm.

• Notices: Sent by mail to your home or a designated address.

• Conflicts: If the Bylaws clash with Nevada law or the Declaration, the order is: Nevada law > Declaration > Articles of Incorporation > Bylaws.

In Short:

The Bylaws are like a rulebook for your HOA. They ensure the community runs smoothly by defining how the Board operates, how homeowners vote, how money is handled, and how rules are enforced. As a homeowner, you have rights (like voting and attending meetings) but also responsibilities (paying assessments, following rules). If you break rules, the HOA has a fair process to address it, and you can always check records or propose changes to keep things transparent.

What are the CCRs for Legacy Pointe HOA?

Purpose: To protect property values, maintain a cohesive single-family residential community, and manage shared spaces in Legacy Pointe, Reno, Nevada, under Nevada Revised Statutes Chapter 116.

Property Use:

• Lots are for single-family residential use only; no commercial activities, short-term rentals, or temporary structures.

• No unapproved signs, nuisances, oil/mining operations, or unmaintained improvements (Article VIII).

Architectural Guidelines:

• Exterior changes (e.g., buildings, fences, landscaping) require Architectural Review Committee (ARC) approval.

• Owners maintain lot improvements; HOA maintains Declarant-installed front/side yard landscaping (Articles IV, 2.9).

Common Areas:

• Common Elements (e.g., walkways, greenbelts, sound walls) are owned/maintained by the HOA for resident use.

• Owners have easements to use common areas; no unauthorized modifications (Articles III, VI).

Maintenance:

• Owners maintain their lots and residences; HOA maintains Common Elements and Declarant-installed landscaping.

• Negligent damage to common areas results in Special Assessments (Sections 2.7-2.9).

Assessments:

• Annual Assessments fund common expenses; Capital Improvement Assessments cover major projects; Special Assessments address violations/damages.

• Assessments begin at lot purchase; uniform rates apply; delinquency incurs liens/fines (Article V).

Enforcement:

• Violations trigger notices, hearings, fines, or legal action. Special Assessments cover non-compliance costs.

• The City of Reno can enforce maintenance/vector control provisions (Article XIV).

Amendments:

• CCRs last 50 years, with 10-year extensions unless terminated (80% vote). Amendments require 67% vote; Declarant approval needed until 10th anniversary or no lot ownership (Article XIII).

Are new housing developments in Reno required to be in an HOA? What is the average HOA Fee?

Are Most Newer Homes in a Mandatory HOA?

• Yes, about 80-85% of newer homes (built post-2015) in Reno are in mandatory HOAs.

• In 2023, 82.4% of new U.S. homes sold were in HOAs, with 71% in the western U.S. (including Nevada).

• Reno’s new subdivisions (e.g., Legacy Pointe, Saddle Ridge) require HOA membership to manage amenities and landscaping, like your CCRs.

Average Monthly HOA Fee

• $100-$200 per month for single-family homes in Reno, typical for communities like Legacy Pointe with front yard landscaping.

• Fees range from $100-$200 (basic services) to $400-$800 (luxury communities like ArrowCreek).

• Condos or high-amenity areas may reach $1,000.

Why HOAs Are Common

• Developers use HOAs for amenities (e.g., pools) and maintenance, boosting property values by 5-6%.

• Reno’s growth favors planned communities with HOAs.

What You Can Do

• Confirm your Legacy Pointe fee with the HOA.

• Follow CCRs to avoid fines (e.g., ARC approvals).

• Propose CCR changes for more freedom (needs 130 votes).

• Consider non-HOA areas (e.g., Galena Forest) if moving, but most new homes have HOAs.

Note: Data from 2023-2024 industry reports and Legacy Pointe CCRs (Document #4811064).

Does the City of Reno require Developers to establish HOAs?

Does Reno Mandate HOAs?

• No, the City of Reno does not force developers to create HOAs.

• The city encourages HOAs through zoning and development agreements to maintain infrastructure (e.g., private streets, landscaping), reducing city costs.

• Nevada law (NRS 116) regulates HOAs but doesn’t require them.

Why Are HOAs Common?

• 80-85% of newer Reno homes (post-2015) have mandatory HOAs, like Legacy Pointe.

• Developers create HOAs to:

  • Attract buyers with amenities and uniform aesthetics.

  • Shift maintenance costs to homeowners.

  • Meet city expectations for private infrastructure upkeep.

• City policies (e.g., Special Assessment Districts) incentivize HOAs to manage costs.

Average HOA Fees

• $100-$200/month for single-family homes in Reno, like Legacy Pointe, covering landscaping and common areas.

• $400-$800 for luxury communities; up to $1,000 for condos.

What You Can Do

• Ask your HOA if the developer was required to form it by the city.

• Follow CCRs to avoid fines (e.g., ARC approvals).

• Propose CCR changes for more freedom (needs 130 votes).

• Look for non-HOA homes in older areas (e.g., Old Southwest), though rare in new builds.

Note: Data from 2023-2025 reports, NRS 116, and Legacy Pointe CCRs (Document #4811064).

What happens if I choose not follow the Legacy Pointe CCRs

Why You Must Follow the CCRs:

• The CCRs are rules for all 194 homeowners in Legacy Pointe to keep the community nice and protect home values.

• You agreed to them when you bought your home, and Nevada law lets the HOA enforce them.

What Could Happen If You Break the Rules:

1. Warning Letter:

   • The HOA sends a letter about the violation (e.g., unapproved fence, messy yard).

   • You get a chance to fix it or attend a meeting to explain.

2. Fines:

   • You could be fined $25-$100 per violation, plus daily fines if you don’t stop.

   • You might owe extra fees for damage (e.g., fixing a common area).

3. Lawsuit:

   • The HOA can sue you to follow the rules, and you’d pay their legal fees (thousands of dollars).

4. Lien on Your Home:

   • Unpaid fines or HOA fees can lead to a lien, making it hard to sell your home.

   • Rarely, the HOA could foreclose (take your home).

5. City of Reno Action:

   • If your violation affects maintenance (e.g., pests from a messy yard), the City can fine you or make you fix it.

6. No Voting:

   • You can’t vote in HOA decisions if you owe money or break rules.

7. Neighbor Complaints:

   • Breaking rules might upset neighbors, causing tension.

What You Can Do:

• Fix violations quickly to avoid trouble.

• Try to change the CCRs (needs 67% of homeowners’ votes).

• Talk to the HOA Board about your concerns.

• Consider selling your home if you hate the HOA (but this helps your home’s value).

Note: See Article XIV of the CCRs (Document #4811064) for details.

Based on the CC&R (Covenants, Conditions, and Restrictions) document for Legacy Pointe HOA, the monthly assessment of $70 (assuming this is the current rate, as it aligns with the approximate annual assessment of $3,497 per lot for 61 lots in Phase 1, divided by 12 months) funds specific services and benefits for homeowners. The CC&R outlines what homeowners can expect, and while the scope is indeed narrow compared to communities with extensive amenities, it focuses on essential maintenance and governance. Here’s a specific breakdown of what homeowners should expect for their $70 monthly assessment:

What Homeowners Receive for Their HOA Dues

1. Maintenance of Common Elements (Section 2.7.2):

   • The Association is responsible for painting, maintaining, repairing, and replacing Common Elements, such as walkways, perimeter landscape strips, main entry features, and the sound attenuation wall adjacent to Military Road.

   • Declarant-installed landscaping, sprinklers, and drip systems in front and side yards are maintained by the Association (Section 2.9.2), ensuring these areas remain attractive and functional.

   • Drainage facilities are maintained to prevent standing water and mitigate insect issues (Section 2.7.1).

2. Insurance Coverage (Article IX):

   • The Association secures public liability insurance, fire and casualty insurance for Common Elements, fidelity bonds for board members handling funds, and other policies (e.g., workers’ compensation, director liability) to protect the community and its leadership.

3. Architectural Oversight (Article IV):

   • The Architectural Review Committee (ARC) reviews and approves plans for improvements, ensuring consistency and protecting property values. This includes inspections to enforce maintenance standards.

4. Governance and Administration (Article II):

   • The Association manages community operations, including employing personnel (e.g., legal, management, or accounting services) as needed.

   • The Board enforces rules, resolves disputes through notice and hearing processes (Section 14.1), and maintains records and notices.

5. Reserve Funding (Section 1.64 and Article V):

   • A portion of dues contributes to a Reserve Account for unexpected expenses and long-term repairs or replacements of Common Elements.

Limitations and Narrow Scope

The Association CC&R’s do not indicate amenities like pools, clubhouses, gyms, or recreational facilities, which some might expect for a $70 monthly fee. The The Association CC&R’s do not cover patrolling or monitoring the city streets. The focus is on basic maintenance of shared spaces (e.g., landscaping and structural elements) and governance rather than luxury or recreational benefits. Open space areas may remain natural and unmanaged (Section 2.7.2), further limiting the tangible perks. Homeowners should expect their dues to primarily support the upkeep of visible common areas and administrative oversight, with no significant community-wide facilities or services beyond these essentials.

If homeowners feel the $70 is high, it may reflect the costs of maintaining landscaping and infrastructure across 194 lots, plus insurance and reserves.

Legacy Pointe HOA: What’s Provided for $70/Month

The CC&R specifies the following for the $70 monthly assessment (as confirmed in our prior discussion):

• Landscaping Maintenance: The Association maintains Declarant-installed landscaping, sprinklers, and drip systems in front and side yards (Section 2.9.2), as well as perimeter landscape strips. This includes regular care to keep these areas visually appealing and functional.

• Common Elements Maintenance: Walkways, main entry features, retaining walls, and the sound attenuation wall adjacent to Military Road are maintained (Section 2.7.2). Drainage facilities are also kept functional to prevent issues like standing water (Section 2.7.1).

• Governance and Insurance: The Architectural Review Committee (ARC) ensures property standards (Article IV), and the Association provides public liability, fire, casualty, and fidelity bond insurance (Article IX). Administrative oversight, including rule enforcement and dispute resolution, is also covered (Articles II and XIV).

• Reserve Funds: A portion of the assessment funds future repairs of Common Elements (Section 1.64).

You’ve noted that the landscaper is here regularly and doing the required work, which aligns with the CC&R’s mandate for consistent maintenance of front yard landscaping and perimeter strips. However, there are no additional amenities like pools, clubhouses, or recreational facilities mentioned, so the value is heavily tied to landscaping and basic governance.

Comparing North Reno HOAs

1. North Valley Hills HOA (North Reno)

• Assessments: Specific fees aren’t publicly detailed, but North Reno HOAs typically range from $50 to $300 per month, with an average around $200 for communities with basic services (based on web data about Reno HOA fees).

• Amenities and Services:

  • Landscaping: The HOA handles landscaping for common areas, similar to Legacy Pointe, including maintenance of perimeter areas and shared spaces.

  • Additional Amenities: North Valley Hills offers community amenities like walking trails and potentially sports courts, which Legacy Pointe lacks.

  • Governance: Similar to Legacy Pointe, they provide architectural oversight, insurance, and reserve funding.

• Value Comparison: For a potentially higher fee (e.g., $150–$200/month, based on averages for North Reno), North Valley Hills provides more tangible benefits with amenities like trails, which enhance community appeal. Legacy Pointe’s $70 fee is lower, but its offerings are narrower, focusing solely on landscaping and governance without recreational perks.

2. ArrowCreek HOA (South Reno, but relevant for comparison as a prominent Reno-area HOA)

• Assessments: ArrowCreek is known for higher fees, often $300–$400/month, due to its upscale nature and extensive amenities.

• Amenities and Services:

  • Landscaping: Extensive landscaping maintenance for common areas, parks, and entry features, exceeding Legacy Pointe’s scope due to larger green spaces.

  • Additional Amenities: ArrowCreek offers a clubhouse, two golf courses, three swimming pools, tennis courts, and 24/7 security with a guarded gate.

  • Governance: Robust governance, including ARC oversight, insurance, and reserve funds, similar to Legacy Pointe but on a larger scale.

• Value Comparison: ArrowCreek’s higher fees reflect its luxury amenities, which Legacy Pointe doesn’t have. However, Legacy Pointe’s $70 fee is significantly lower, and its landscaping focus ensures basic upkeep without the added cost of amenities homeowners may not use.

3. General North Reno HOA Trends

• Assessments: Based on web data, North Reno HOAs with minimal amenities (like Legacy Pointe) often charge $50–$150/month, while those with pools, clubhouses, or parks charge $200–$450/month.

• Amenities and Services:

  • Landscaping: Most North Reno HOAs prioritize landscaping, spending a significant portion of their budget on it (up to 50% in some cases, per HOA budget trends). Legacy Pointe’s focus on front yard and perimeter landscaping aligns with this standard.

  • Additional Amenities: Communities like those in North Valleys often have basic amenities (e.g., dog parks, small playgrounds), but many lack the luxury features of South Reno HOAs like ArrowCreek.

  • Governance: Insurance, ARC oversight, and reserve funds are standard across HOAs, matching Legacy Pointe’s offerings.

• Value Comparison: Legacy Pointe’s $70 fee is on the lower end for North Reno, especially for an HOA without recreational amenities. However, its landscaping services are consistent with what other HOAs provide for similar or higher fees, suggesting reasonable value for the cost.

Justification for Legacy Pointe’s $70/Month

Homeowners feeling they’re not getting their money’s worth may expect more amenities, but the $70 fee aligns with the limited scope outlined in the CC&R:

• Landscaping Value: The regular presence of the landscaper, as you’ve observed, ensures front yards and perimeter strips are maintained, which preserves curb appeal and property values. In North Reno, where landscaping can be challenging due to the semi-arid climate (Reno averages 22 inches of snow and minimal rainfall annually), professional maintenance of drought-tolerant plants (e.g., Sagebrush, Desert Marigold) is a significant benefit. This service alone can cost $500–$1,000/year if homeowners hired their own landscaper, equating to $42–$83/month—close to or exceeding the $70 fee.

• Cost Efficiency: Compared to North Reno averages, Legacy Pointe’s $70 fee is low. HOAs with similar landscaping services but additional amenities charge $150–$300/month. For example, North Valley Hills likely charges more for trails and potential sports courts, while ArrowCreek’s $300–$400 fee reflects luxury features most Legacy Pointe homeowners don’t need or want.

• Governance and Insurance: The ARC, insurance, and reserve funds protect property values and mitigate risks (e.g., liability for common area accidents). These are standard HOA services, but they’re provided at a lower cost than in other North Reno communities.

• No Overpayment for Unused Amenities: Unlike HOAs with pools or clubhouses, Legacy Pointe doesn’t charge for amenities that some homeowners might not use. This makes the $70 fee more targeted—homeowners pay for what they get: landscaping and governance.

Addressing Homeowner Concerns

Homeowners may feel the $70 fee is high because they compare Legacy Pointe to HOAs with more amenities. However:

• Expectation Adjustment: The CC&R clearly outlines the scope—landscaping, basic maintenance, and governance. There’s no promise of pools or clubhouses, so the fee reflects this narrower focus.

• Transparency: The HOA could improve communication by explaining how the $70 breaks down (e.g., $40 for landscaping, $20 for reserves, $10 for insurance/admin). This aligns with best practices for HOA budgeting, where transparency builds trust.

• Climate Considerations: North Reno’s climate requires careful landscaping (e.g., snow management, drought-tolerant plants). The HOA’s regular landscaping service saves homeowners time and money, especially since individual landscaping in Reno can be costly due to water scarcity and seasonal challenges.

Conclusion

Legacy Pointe’s $70 monthly assessment provides fair value compared to other North Reno HOAs. The regular landscaping work, governance, insurance, and reserve funding align with the CC&R and match or exceed what other HOAs offer for similar or higher fees. While communities like ArrowCreek provide more amenities, their fees are 4–5 times higher. For homeowners who value well-maintained landscaping and basic governance without paying for unused amenities, Legacy Pointe delivers appropriate value.