HOA law in Nevada is set by NRS Chapter 116, the state's Common-Interest Ownership Act, which covers homeowners associations, condominiums, planned communities, and cooperatives alike. Nevada stands out in two ways. Its assessment lien carries a nine-month super-priority that can wipe out a first mortgage in foreclosure, one of the most lender-unfriendly rules in the country, and it has a real state enforcement structure: an Ombudsman, a Commission, and a requirement that most owner-versus-HOA disputes go to mediation before anyone can sue. Owners also get a hard cap on fines, a 21-day records rule, and protection for solar. Here is how the framework works, with the citations.
The controlling statute and the state offices behind it
Chapter 116 governs the substance of HOA life, and Chapter 116A licenses the community managers who run day-to-day operations. What is unusual is the machinery around it. The Ombudsman for Common-Interest Communities and Condominium Hotels sits within the Real Estate Division to help owners and boards and to process disputes, and a Commission adopts regulations and holds disciplinary hearings. Small communities are exempt from many provisions, so if your community is very small, confirm which rules apply.
Assessments, liens, and nonjudicial foreclosure
An HOA has a lien on a unit for unpaid assessments, fines, and related charges (NRS 116.3116). The feature that made Nevada famous is the super-priority: the portion of the lien equal to the nine months of common-expense assessments before a notice of default takes priority over a first deed of trust, and the Nevada Supreme Court held in SFR Investments Pool 1 v. U.S. Bank (2014) that a proper HOA foreclosure of that super-priority piece can extinguish the lender's mortgage entirely.
Foreclosure is nonjudicial and moves faster than a court process (NRS 116.31162). The association mails a Notice of Delinquent Assessment, waits at least 30 days, records a Notice of Default and Election to Sell, and the owner then has 90 days to cure before a sale. An HOA cannot foreclose over a fine alone unless the violation is an imminent threat to health or safety, and since 2021 people connected to the foreclosure (the association, its manager, collection agent, and board members) cannot buy the foreclosed unit. Our guide on when an HOA can foreclose covers the mechanics.
Owner rights: records, meetings, and elections
Records. Under NRS 116.31175, the association must make records available for review at an office within 60 miles and provide copies within 21 days of a written request, with a $25-per-day penalty for missing that deadline, and it must keep records for at least 10 years.
Meetings. The board must meet at least once a quarter and no less than once every 100 days, hold at least two meetings a year outside standard business hours, give owners at least 10 days notice, and allow owner comment (NRS 116.31083). Closed executive sessions are limited to matters like legal advice, personnel, and violation hearings.
Elections. Board elections use a secret mailed ballot, owners get at least 15 days to return it, no quorum is required, and proxies cannot substitute for the ballot (NRS 116.31034).
Fines, and the mediation-first rule
Nevada caps fines at $100 per violation, or $1,000 total, whichever is less, unless the violation is an imminent threat to health, safety, or welfare (NRS 116.31031). The HOA must give notice and a chance to cure or to contest at a hearing first.
The bigger practical point is that Nevada channels disputes away from court first. Under NRS 38.310, a civil action over the interpretation or enforcement of CC&Rs, bylaws, or rules, or over assessment procedures, generally may not be filed until it has been submitted to mediation or arbitration, and a court must dismiss a case filed without doing so. The exceptions are narrow, mainly urgent injunctive relief and disputes over title. Claims start with the Real Estate Division, and the Ombudsman helps process them. Our guide on disputing an HOA violation walks through the steps.
What a Nevada HOA generally cannot ban
- Solar. A covenant or rule that prohibits or unreasonably restricts a solar energy system is void (NRS 111.239). See Nevada HOA solar rules.
- Flags. Owners may display the U.S. flag and the Nevada state flag in their exclusive-use areas, subject to reasonable placement rules (NRS 116.320). See flags and political signs.
- Political signs, subject to a size cap of 24 by 36 inches and no more than one sign per candidate, party, or ballot question (NRS 116.325).
- Rentals, unless the restriction was already in the declaration when you bought, and the HOA cannot charge a rental-registration fee (NRS 116.335). See Nevada rental restrictions.
- Satellite dishes and antennas under about one meter, protected by the federal FCC OTARD rule rather than a Nevada statute. See satellite dish rules.
How to check your own Nevada HOA
Nevada's statute is detailed, but your recorded declaration still controls the areas it leaves open, and rental rights in particular turn on what your declaration said when you bought. Rather than read the whole packet, upload your governing documents and let AskHOA pull out the operative rules, flag the restrictions, and answer questions grounded in your association's own text with the clause cited. If you are still buying, pair this with our guide on reading CC&Rs before you buy.