Not legal advice. This is a general educational overview of Nevada HOA law. Laws change and vary by community type and governing documents. Always consult a licensed Nevada attorney for advice specific to your HOA.
Nevada Uniform Common-Interest Ownership Act (NRS § 116.001 et seq.)
Nevada has one of the most comprehensive and heavily litigated HOA regulatory frameworks in the United States. NRS Chapter 116 governs all common-interest communities, requires the Nevada Real Estate Division (NRED) to license HOA managers and investigate complaints, mandates secret-ballot elections, strictly limits executive sessions, and grants a 9-month super-priority assessment lien over first mortgages -- the longest in the country. Nevada's super-priority lien has been the subject of extensive federal litigation that changed how lenders underwrite properties in Nevada HOA communities.
Every HOA in Nevada is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.
Regardless of what any individual HOA's governing documents say, Nevada homeowners in HOA communities generally have the right to:
When a homeowner fails to pay assessments in Nevada, the HOA's typical collection process follows these steps:
Nevada's specific procedures, notice periods, and lien priority rules are set by Nevada Uniform Common-Interest Ownership Act (NRS § 116.001 et seq.) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.
Most Nevada HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:
The procedural requirements under Nevada HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:
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Start free →Under NRS § 116.3116, a Nevada HOA's assessment lien has super-priority over a first mortgage for up to 9 months of unpaid assessments -- the longest super-priority period in the country. This means that if a homeowner defaults and the property is sold, the HOA can collect up to 9 months of dues before the mortgage lender is paid. Nevada's super-priority lien has been heavily litigated in federal court, and the Supreme Court of Nevada has upheld it, fundamentally affecting how lenders operate in Nevada HOA communities.
Yes. The Nevada Real Estate Division (NRED) requires community managers serving Nevada HOAs to hold a license under NRS Chapter 116A. This includes passing a licensing exam and completing continuing education. Nevada is one of a small number of states with a robust HOA manager licensing program, and homeowners have recourse through the NRED if their manager engages in misconduct.
Under NRS § 116.31031, a Nevada HOA must provide written notice of the alleged violation and an opportunity for a hearing before the board before imposing any fine. Fines are capped by state law, and the board must follow specific notice and hearing procedures. Homeowners have the right to appear and present evidence at the hearing. These procedures are among the most detailed fine-process protections in the country.
Under NRS § 116.31034, Nevada HOA board elections must be conducted by secret ballot. Elections may not be conducted by voice vote, a show of hands, or any other non-secret method. The board must appoint an independent election administrator who manages the balloting process. This requirement is designed to prevent board members from influencing election outcomes and is strictly enforced.
Nevada homeowners have several options before resorting to court. The Nevada Community Dispute Resolution Program (CDRP), governed by NRS § 38.300 et seq., provides lower-cost mediation and arbitration for HOA disputes. The NRED also investigates complaints against HOAs and managers under NRS Chapter 116. For disputes that cannot be resolved through these processes, civil litigation in Nevada district court is available.