Can The Incline Village General Improvement District (“IVGID”) Be Disregarded as a “Governmental Subdivision of The State of Nevada,” And Treated as an Homeowners’ Association (“HOA”)?
We can’t tell you how many times we’ve had to listen to past District General Managers (“GMs”) and senior staff who compare IVGID to an HOA. Specifically, the Tahoe-Donner HOA (“TDHOA”). That’s because we don’t neatly compare to any other statewide political subdivision. Anywhere! And like us, the TDHOA owns, manages and operates beaches, a ski area, tennis courts, a recreation center, a golf course, retail sales facilities and at least one restaurant1.
But we’re government2. And the TDHOA is not! And we don’t have to maintain and snowplow our community’s streets like TDHOA does. Nor need we comply with the provisions of NRS 116 as TDHOA would have to do if it were a Nevada HOA3. Consequently, the rules and regulations GIDs may exercise are provided by statute4. Whereas the rules and regulations HOAs may exercise, at least in Nevada, are provided by different statutes5 as well as the Conditions, Covenants and Restrictions (“CC&Rs”) recorded against each member’s parcel-unit6.
Why are these differences immaterial to proponents? Because they have an agenda. They want us to believe our Recreation (“RFF”) and Beach (“BFF”) Facility Fee(s) are a bargain compared to TDHOA‘s HOA assessments7! And as such, we should be happy campers! As if that argument is supposed to be relevant insofar as the District’s fees allowed under NRS 318.197(1) are concerned. Or within the above-limits a GID may fix.
- Although notably, the TDHOA doesn’t provide water, sewer or trash disposal services.
- Specifically, “a body corporate and politic and a quasi-municipal corporation” (see NRS 318.015).
- Since TDHOA is the equivalent of a California based community interest community association, it is bound to California’s rules concerning that kind of organization.
- See NRS 318.010, et seq.
- See NRS 116.001, et seq.
- According to NRS 116.3102(1), the powers an HOA may exercise are “subject to the provisions of” its CC&Rs.
- Where for 2025 they were a whopping $3,300/annually per unit (go to https://www.tahoedonner.com/community/general/faqs/general/).
