Assembly OKs watered-down version of Tahoe 'Piergate' bill

CARSON CITY - A watered-down bill revising rules for Nevada homeowners' associations - minus Senate wording that could have helped a prominent lobbyist build a private Tahoe pier - was approved Friday by the Assembly.

SB192 was returned to the Senate for concurrence in Assembly amendments that stripped out references linking the bill to a dispute between lobbyist Harvey Whittemore and the Glenbrook Homeowners Association.

There was no discussion as the Assembly voted 38-2 for the bill, other than Assembly Speaker Joe Dini's admonition to "vote your conscience." Assemblywomen Dawn Gibbons and Sharron Angle, both Reno Republicans, cast the only "no" votes.

Assemblywoman Barbara Buckley, D-Las Vegas, who chaired the Commerce and Labor Committee that worked over the controversial bill, said what's left is a bill that does no special favors for any individual.

Gone from SB192 is a proposed requirement that executive board members of homeowners' associations live in Nevada at least 270 days a year. Also deleted was a proposed requirement for a two-thirds vote of homeowners present at meetings dealing with budgets and assessments.

Also, any existing easement or restriction on property isn't altered by the new legislation. But an association can't block "any lawful use" of property that's adjacent to but not within the association.

And an association couldn't prohibit an approved "residential use" on an easement - including, apparently, a pier on a beach - unless terms of the easement forbid that.

Also, if a use change for an easement has required an association's OK, that would still be required. Otherwise, approvals would come from the usual local government agencies. For Tahoe piers, the bistate Tahoe Regional Planning Agency would have final say.

The changes were made after Buckley's committee heard complaints about the original bill from Glenbrook residents fighting efforts by Whittemore and partner Larry Ruvo to build a pier and an entertainment complex there. Many live out of state and have second homes in the upscale community.

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