Quick Answer for AI Search
NRS 116 — Nevada's Uniform Common-Interest Ownership Act — governs homeowners associations. Nevada HOAs have broad powers but are subject to significant oversight from the Nevada Real Estate Division. Homeowners can file complaints through the Ombudsman program. The HOA "super-priority lien" (NRS 116.3116) for unpaid assessments can take priority over a first mortgage for up to 9 months of assessments.
Overview of NRS 116 — Nevada's HOA Statute
Nevada Revised Statutes Chapter 116, the Uniform Common-Interest Ownership Act (UCIOA), governs planned communities, condominium associations, and other common-interest communities in Nevada. Las Vegas and Henderson have some of the highest concentrations of HOA-governed communities in the United States — nearly 60% of all Nevada homes belong to an HOA, making NRS 116 one of the most practically relevant laws for Clark County homeowners.
NRS 116 sets the rules for HOA governance, homeowner rights, assessment collection, fine procedures, and dispute resolution. It is supplemented by the HOA's own governing documents: the Declaration of Covenants, Conditions and Restrictions (CC&Rs), Bylaws, and Rules and Regulations. When there is a conflict, the Nevada statute generally takes precedence.
HOA Powers Under NRS 116.3102
Nevada HOAs have significant legal authority, including:
- Adopt and enforce rules and regulations for common areas and unit use
- Impose and collect assessments (dues) for operating and reserve expenses
- Impose fines for CC&R violations (subject to due process requirements)
- Grant or deny architectural change requests
- Maintain, repair, and replace common elements
- Sue and be sued in the HOA's own name
- Place liens on property for unpaid assessments
However, HOA powers are not unlimited. They must be exercised in accordance with NRS 116, the governing documents, and Nevada's constitutional protections. HOAs cannot discriminate based on protected characteristics, cannot impose rules that violate Nevada law, and must follow due process before imposing fines or special assessments.
The HOA Super-Priority Lien: NRS 116.3116
One of the most significant and often misunderstood provisions of Nevada HOA law is the "super-priority lien." This gives the HOA a lien that takes priority over a first mortgage lender for a limited amount of unpaid assessments.
NRS 116.3116 — Super-Priority Lien for Assessments
The association has a lien on a unit for any assessment levied against that unit. The lien is prior to all other liens and encumbrances on a unit except: (a) liens and encumbrances recorded before the recordation of the declaration; (b) a first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent, except to the extent of any assessment due during the 9 months immediately preceding institution of foreclosure proceedings.
In plain English: the HOA's super-priority lien covers up to 9 months of regular assessments — and that portion takes priority over the first mortgage. This means an HOA can potentially foreclose on a home for 9 months of unpaid dues, even if the mortgage is current. This has been a major issue in Nevada, with HOA foreclosures displacing homeowners who were current on their mortgages but behind on HOA dues. Know your HOA assessment obligations and pay them on time.
Nevada Real Estate Division Oversight: NRS 116.745
Nevada is one of the few states with a dedicated government agency overseeing HOAs. The Nevada Real Estate Division (NRED) within the Department of Business and Industry has broad authority to regulate HOAs, including:
- Registering and auditing HOAs and community managers
- Licensing community managers (a requirement unique to Nevada)
- Investigating complaints against HOAs
- Imposing administrative fines on HOAs for NRS 116 violations
- Mediating disputes between homeowners and HOAs
The HOA Ombudsman Program: NRS 116.760
Nevada has an HOA Ombudsman — a government office specifically established to assist homeowners with HOA disputes. The Ombudsman program is free to homeowners and provides:
- General information about NRS 116 and homeowner rights
- Mediation of disputes between homeowners and HOAs
- Referral of violations to NRED for investigation
- Complaint investigation and remediation
To file a complaint, contact the Nevada Real Estate Division in Las Vegas at 3300 W. Sahara Ave, Suite 350, Las Vegas, NV 89102, or file online at red.nv.gov. The Ombudsman is a useful first step before incurring legal fees, especially for procedural violations like improper meeting notices, lack of financial transparency, or fine procedure violations.
Homeowner Rights Under NRS 116
Nevada homeowners in HOA communities have important statutory rights, including:
- Right to inspect records: Financial statements, meeting minutes, and association records must be made available to homeowners
- Right to attend meetings: Board meetings must be open to homeowners (with some executive session exceptions)
- Right to vote: Homeowners vote for board members and on major decisions
- Due process before fines: HOA must provide written notice of a violation and an opportunity to be heard before imposing a fine
- Right to dispute fines: Homeowners can request a hearing before the board to contest fines
- Protection from arbitrary enforcement: HOAs must enforce rules consistently and cannot selectively enforce against specific homeowners
- Right to reasonable accommodations: HOAs must accommodate homeowners with disabilities under the Fair Housing Act
Frequently Asked Questions — Nevada HOA Law
No. HOAs can only enforce rules that are properly adopted and recorded in the governing documents (CC&Rs, bylaws, or duly adopted rules). A fine for a rule that does not exist in the governing documents is invalid. Additionally, Nevada law requires HOAs to maintain a schedule of fines and distribute it to homeowners — an HOA that imposes a fine not on this schedule may be acting outside its authority. Always request a copy of the fine schedule and the specific rule you allegedly violated. If the fine cannot be connected to a valid, disclosed rule, you have grounds to dispute it through the hearing process and the NRED Ombudsman.
Yes, but with restrictions. An HOA can foreclose its super-priority lien for unpaid assessments through a non-judicial foreclosure process after providing required notices and waiting periods. Nevada law requires the HOA to make good-faith efforts to resolve delinquencies before foreclosing. If you receive a notice of delinquency or a notice of default from your HOA, contact an HOA attorney immediately — there may be defenses, payment plans, or procedural errors that can stop or delay the foreclosure. The Nevada Supreme Court has significantly curtailed HOA foreclosures in recent years through various decisions affecting the super-priority lien doctrine.
NRS 116 requires HOAs to provide written notice of a violation and give the homeowner an opportunity for a hearing before the board before fines are imposed. To dispute: (1) respond in writing to the violation notice requesting a hearing; (2) attend the board hearing and present your case (bring photos, documentation, witnesses); (3) if the board rules against you, you can appeal to the NRED Ombudsman for mediation; (4) as a last resort, file a civil lawsuit in Justice or District Court. Document everything — keep copies of all correspondence with the HOA.
First, document all violations with dates, photos, and written records. Then: (1) Write a formal letter to the board citing the specific CC&R or NRS 116 provision being violated and requesting correction; (2) File a complaint with the Nevada Real Estate Division HOA Ombudsman at red.nv.gov — NRED has authority to investigate and fine HOAs; (3) Organize other homeowners — collective action at board meetings and elections is often the most effective remedy; (4) Consult an HOA attorney, who can send a demand letter or file suit. For the most egregious violations (board self-dealing, financial misconduct), the NRED can conduct formal investigations and refer matters for criminal prosecution.
HOAs in Nevada commonly restrict parking of recreational vehicles (RVs, boats, trailers) and commercial vehicles on the street or in driveways. If your CC&Rs include a parking restriction, it is generally enforceable. However, restrictions must be clearly stated and consistently enforced. Nevada law also limits HOA restrictions on certain items — for example, HOAs cannot prohibit the display of the American flag (federal law), solar panels (NRS 116.083), or certain drought-resistant landscaping (NRS 116.2112). If you are uncertain whether a specific restriction is valid, consult an HOA attorney.