Nevada homeowners are covered by a comprehensive modern statute: the Nevada Common-Interest Ownership Act, NRS Chapter 116, which governs HOAs, condominiums, and planned communities. Nevada also has one of the strongest regulatory regimes in the country — a state Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels and a Commission that can discipline associations. Most associations are also nonprofit corporations, and federal law applies alongside. For your specific situation, a licensed Nevada attorney is the right resource. This is general information, not legal advice.
A state Ombudsman and Commission
Nevada gives owners a public office to turn to. Under NRS 116.625, "[t]he Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels is hereby created within the Division." Its duties include helping "owners … understand their rights and responsibilities," assisting boards in carrying out their duties, and, "[w]hen appropriate, investigat[ing] disputes involving the provisions of this chapter … or the governing documents of an association and assist[ing] in resolving such disputes." That state channel, backed by the Commission's authority to discipline associations, gives Nevada owners options many states lack. See When Is a Nevada HOA Rule Unenforceable?.
Open board meetings — comment at both ends
Under NRS 116.31083, "[a] meeting of the executive board must be held at least once every quarter, and not less than once every 100 days," with notice given "not less than 10 days before the date of a meeting." Owners get two chances to be heard: "[a] period required to be devoted to comments by the units' owners and discussion of those comments must be scheduled for both the beginning and the end of each meeting." See Attending HOA Meetings in Nevada.
Records — within 21 days, with a daily penalty for delay
Under NRS 116.31175, on the written request of a unit's owner, the association must "make available the books, records and other papers" of the association "within 21 days." Copy charges are capped ("25 cents per page for the first 10 pages, and 10 cents per page thereafter," or electronic format at no charge), and a board that fails to comply faces a penalty of "$25 for each day" it does not provide the records. See Getting Your Nevada HOA's Records.
Fines — capped, after a hearing, on a published schedule
Under NRS 116.31031, "[t]he executive board must hold a hearing before it may impose [a] fine," and fines must follow a schedule the association has adopted and sent to owners. The amount is capped for ordinary violations: it "must not exceed $100 for each violation or a total amount of $1,000 per hearing." The cap lifts only where "the violation poses an imminent threat … to the health, safety or welfare," in which case the fine "must be commensurate with the severity of the violation." See Challenging an HOA Fine in Nevada.
The assessment lien — and Nevada's nine-month super-priority
Under NRS 116.3116, "[t]he association has a lien on a unit for … any assessment levied against that unit or any fines imposed against the unit's owner from the time the … assessment or fine becomes due." Nevada's defining feature is the nine-month super-priority: part of the lien is prior even to a first security interest, to the extent of the assessments "which would have become due in the absence of acceleration during the 9 months immediately preceding the date on which the notice of default and election to sell is recorded." That nine-month slice — longer than the six months many states allow — makes unpaid Nevada dues especially consequential. See Can a Nevada HOA Foreclose Over Dues?.
When a rule may not hold up
A Nevada rule has to fit within the authority the declaration and NRS Chapter 116 grant, be applied evenhandedly, and clear the NRS 116.31031 hearing process for any fine. See Which Nevada Laws Govern Your HOA?.
Frequently asked questions
Can I complain about my Nevada HOA to the state?
Yes. Under NRS 116.625, the Office of the Ombudsman within the Real Estate Division assists owners and, when appropriate, investigates disputes over NRS Chapter 116 or the governing documents and helps resolve them. The Commission can also discipline associations. A licensed Nevada attorney can advise on the best path for your situation.
How much can a Nevada HOA fine me?
Under NRS 116.31031, a fine generally "must not exceed $100 for each violation or a total amount of $1,000 per hearing," and the board must hold a hearing first and follow a published schedule. The cap does not apply to violations posing an imminent threat to health, safety, or welfare. Whether a particular fine complied is a question for a licensed Nevada attorney.
How long is Nevada's HOA super-priority lien?
Nevada's super-priority covers the assessments that would have become due during the 9 months immediately preceding the recording of the notice of default and election to sell (NRS 116.3116) — longer than the six-month priority many states use. A licensed Nevada attorney can explain how it applies to a specific account.