Cheryl Blomstrom

By Cheryl Blomstrom, UTA Nevada Lobbyist, Blomstrom Consulting

As we approach the 2015 Legislative Session, it’s important to know what might be discussed, what the talk is around any issues that affect the Trustees and with whom these conversations will likely happen.

First, I’ve been sending weekly bill draft request (BDR) list updates. These are ideas for bills but without any of the detail included. The only person who can release any of details is the draft’s sponsor so I’ve been contacting them with questions about their proposals.

There are several of concern regarding real property foreclosures, liens and mediation. I’ve queried each legislator and have talked to most of them.

One that I am certain you will find interesting is BDR 181 by Assemblyman Elliot Anderson. It concerns the Foreclosure Mediation program. As Mr. Anderson describes his idea, he wants to clarify or better define “person with authority” in the statute.

BDR 55 by Senator Aaron Ford looks at super priority liens. I’ve talked with him and he intends to convene a working group to which we will be invited. This topic is arguably one of the most important facing UTA members this upcoming session. We were able last year to stop some very bad ideas around super priority liens and several UTA members have pending cases in various stages of litigation in Nevada courts, including the Nevada Supreme Court. Most of these are not yet resolved. Legislative attention to this topic is guaranteed.

Senator Ford also has BDR 76 which speaks to common interest communities and condominium hotels. I believe this will mainly address governance but it will be important to keep track of this bill as it is introduced as well.

Senator Pat Spearman has a BDR (BDR 149) concerning real property. I have a good working relationship with her and she will be open to hearing our side of this issue if it should impact UTA members.

Assemblyman Paul Aizley requested BDR 131 related to common interest communities. Nevada UTA members will remember AB98 from the 2013 session which began life as an HOA governance bill and morphed into a lien priority and sale bill which did not survive the session. Mr. Aizley indicates that he intends to use the Introduced version of AB98 but he also mentioned lien priorities in his comment (which did not appear in the first draft).

Another interesting topic is Squatters addressed by BDR 109 by Senator Justin Jones. Senator Jones provided to me and I forwarded to you a couple of Michigan bills related to this subject. Comments on these are welcomed.

These bill drafts give a sense of what we will be discussing. Many of the topics will be similar to those from previous sessions. I also expect that there will be another attempt to use the HOA lien process to strip off first deeds of trust, as was attempted last session. This is the topic of many of the pending cases and, should the investor buyers lose in court, they will very likely try to amend the law in the session.

Active participation by UTA members during our Lobby Day last session created better legislation for the state and UTA members. Your continued involvement and proactive dialogue will help ensure continued better outcomes.