HOA Disputes FAQs — Summerlin, Nevada

Question 1

What rights do homeowners have against their HOA in Summerlin, Nevada?

Accepted Answer

Nevada's NRS 116.31083 grants homeowners in Summerlin significant rights including: the right to inspect HOA records (financial statements, board meeting minutes, governing documents), the right to attend and speak at board meetings, the right to a formal hearing before any fine is assessed, the right to vote on major community decisions, the right to run for the board, and the right to file complaints with the Nevada Real Estate Division's HOA Ombudsman. Violations of these rights by an HOA board are actionable. A Summerlin HOA attorney can enforce your statutory rights.

Question 2

Can my HOA in Summerlin foreclose on my home for unpaid assessments?

Accepted Answer

Yes — Nevada law under NRS 116.3116 gives HOAs a powerful super-priority lien for 9 months of unpaid assessments that can take precedence even over a first mortgage. An HOA can foreclose this lien through a non-judicial process with as little as 90 days notice. However, HOAs must strictly follow Nevada's notice requirements, and improper procedures can void the foreclosure. A Summerlin HOA dispute attorney can defend against HOA foreclosure, negotiate payment plans, and challenge improper lien procedures.

Question 3

How do I fight an HOA fine in Summerlin, Nevada?

Accepted Answer

Under NRS 116.31031, an HOA cannot impose a fine without first: providing written notice of the alleged violation with a reasonable cure period, and offering a hearing before the board (or a hearing panel) if you request one within 10 days. At the hearing, you have the right to present evidence and argument. If you are still fined, you can appeal through the Nevada Real Estate Division's HOA Ombudsman or file a civil lawsuit. A Summerlin HOA attorney can represent you at the hearing and appeal levels.

Question 4

What can I do about an HOA board that is mismanaging funds in Summerlin?

Accepted Answer

If you suspect your Summerlin HOA board is mismanaging, embezzling, or wasting community funds, you have several remedies under NRS 116: request a full financial audit (you may petition for a special meeting to compel one), file a complaint with the Nevada Real Estate Division's Common-Interest Community Ombudsman, seek a recall election to remove board members under NRS 116.31036, or file a civil derivative action on behalf of the association. A Summerlin HOA dispute attorney can advise on the strongest course of action.

Question 5

Can an HOA in Summerlin restrict short-term rentals on my property?

Accepted Answer

Yes — Nevada law allows HOAs to restrict or prohibit short-term rentals (Airbnb, VRBO) through their CC&Rs under NRS 116.335. Many Summerlin HOAs have adopted rental restriction amendments. HOA rental restrictions that predate your purchase are generally enforceable. However, restrictions adopted after you purchased may face challenges depending on the HOA's amendment procedures. A Summerlin HOA attorney can review your CC&Rs and any amendment procedures to advise on the enforceability of rental restrictions.

Question 6

What is the Nevada HOA Ombudsman and how can it help Summerlin homeowners?

Accepted Answer

The Nevada Real Estate Division's Office of the Ombudsman for Owners in Common-Interest Communities (NRS 116.745) provides dispute resolution services for Summerlin homeowners. The Ombudsman can mediate disputes, investigate HOA complaints, and impose civil penalties on HOAs that violate Nevada law. The process is faster and cheaper than litigation. However, the Ombudsman cannot award monetary damages to homeowners — only an attorney can pursue that remedy. A Summerlin HOA dispute attorney will recommend whether to use the Ombudsman process, civil litigation, or both.

HOA Dispute Attorney in Summerlin, Nevada

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