HAMM v. ARROWCREEK HOMEOWNERS' ASS'N

No. 47763.

183 P.3d 895 (2008)

Michael HAMM; Cara Hamm; and The 2005 Hamm Family Trust, Appellants, v. ARROWCREEK HOMEOWNERS' ASSOCIATION, A Nevada Nonprofit Corporation; and Nevada Association Services, Inc., Respondents.

Supreme Court of Nevada.

May 15, 2008.


Attorney(s) appearing for the Case

Karla K. Butko, Verdi, for Appellants.

Mark H. Gunderson, Ltd., and Mark H. Gunderson and Laura M. Arnold, Reno, for Respondents.

BEFORE THE COURT EN BANC.


OPINION

By the Court, GIBBONS, C.J.:

In this appeal, we consider whether homeowners must submit to mediation or arbitration, pursuant to NRS 38.310,2 before they initiate a civil action in the district court to release a homeowners' association assessment lien on their property. Under that statute, the district court must dismiss any dispute arising from the interpretation, application, or enforcement of homeowners' associations...

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