Many planned communities are managed by a homeowners association (HOA) in Nevada. The laws governing HOAs in Nevada are established by various local, state, and federal regulations, in addition to each individual HOA’s governing documents.
Who Regulates HOAs in Nevada?
In Nevada, HOAs are regulated by the Nevada Common-Interest Ownership Act found in Title 10 Chapter 116 of the Nevada Statutes. This act governs real estate where owners of individual lots pay for expenses related to common elements.
While every HOA has its own individualized structure, the governing documents usually include: Articles of Incorporation, Bylaws, Conditions and Restrictions, Declaration of Covenants, and other rules.
HOAs in Nevada may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
- Nevada Nonprofit Corporations Act
- Nevada Common-Interest Communities: Regulations of Community Managers and Other Personnel Act
- Nevada Fair Housing Law
How to Find HOA Regulations in Nevada
HOA governing documents are not public records in Nevada. The filing of governing documents with the Nevada Secretary of State is considered optional. If the HOA chooses to file its governing documents with the Articles of Incorporation, anyone can request records via mail, fax, or email for a fee.
If the governing documents are not filed with a government agency, they are kept with the HOA. However, the HOA is also required to record its declaration with each county where the HOA is located.
Contents of the declaration include descriptions and uses of the property. These records can be obtained by visiting the local county clerk’s office.
HOA Powers in Nevada
In Nevada, HOAs have the power to:
- Maintain common areas
- Collect fees for upkeep of common areas
- Impose charges for late payment of assessments
- Impose reasonable fines
Furthermore, HOA governing documents can grant additional powers such as restrictions on exterior paint colors, fencing, membership, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Nevada?
In Nevada, an HOA can impose fines on a homeowner for maintenance of common areas, late payments of assessments, and violations of its rules. The amount of the fine must match the severity of the violation.
However, HOAs cannot impose a fine of more than $100 for each violation or exceed a total amount of $1,000. These restrictions do not apply to imposing fines on payments that are past due. The HOA’s governing documents will have notice requirements and specific types of fines that can be imposed.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Keeping a pet
- Displaying the American flag or the State of Nevada flag so long as it is consistent with federal law
- Displaying political signs
- Installing drought tolerant landscaping
- Collecting and storing solid waste materials
- Renting or leasing the owner’s individual unit
- Installing solar energy systems
- Installing satellite antennas and dishes
An HOA’s governing documents may include reasonable regulations and rules about the placement, manner, and display of any of the items listed above.
Can an HOA Take a Homeowner’s House in Nevada?
In Nevada, an HOA can foreclose on a home. HOAs can impose liens on a homeowner’s property for unpaid assessments. If the homeowner does not remedy the lien, they can foreclose on the home.
The HOA must mail a notice of delinquent assessment to the homeowner stating they are overdue payment of their fees. If the fines fees are still unpaid after 30 days, the HOA can record a notice of default with the county recorder to get approval to enforce a foreclosure.
The HOA must also mail a copy of the notice of default to the homeowner. If the fines are still unpaid after 90 days, the HOA can begin an action for foreclosure.
An HOA can evict a homeowner for unpaid assessments of their property. Depending on how the governing documents are drafted, the HOA may also evict a tenant if the lease was not properly authorized by the HOA.
Otherwise, the HOA may have other powers or restrictions about rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Nevada?
In Nevada, an HOA can enter a homeowner’s property as reasonably necessary to maintain units, common elements, or shared utilities.
Units are private spaces only intended for the property owner’s use but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces around the units owned by the HOA, such as elevators. Shared utilities may include water or trash removal directly provided by the HOA.
Except in the case of an emergency, the HOA must generally give prior notice before entering the property. Usually, an HOA will give 1-2 weeks’ notice, but the timeline of the notice is ultimately determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Nevada?
The appropriate agency to file a complaint against an HOA depends on the type of complaint.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Nevada Equal Rights Commission, the U.S. Department of Urban Housing, or file a private lawsuit in Nevada state or federal court.
For complaints concerning HOA fees, a homeowner can file a complaint with the Nevada Department of Business & Industry, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
A homeowner can bring all other complaints to state court in the appropriate jurisdiction by filing a claim.
Joining and Leaving an HOA in Nevada
In Nevada, there is no state provision on joining or leaving an HOA. These processes are determined by the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.
Typically, there are two types of HOAs that regulate joining and leaving clauses:
- Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
- Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Nevada
The process for dissolution of an HOA in Arkansas may be set forth in the HOA’s governing documents. If it is not, the HOA board must adopt a resolution that can be presented to the HOA members at a meeting for a vote.
If the HOA members come to a majority vote in favor of dissolution, a certificate that the dissolution has been approved needs to be filed with the Nevada Secretary of State. The HOA is considered dissolved upon filing or on the date listed in the certificate.
Sources
- 1 Nev. Rev. Stat. § 82.091
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5. Any provision, not contrary to the laws of this State, for the management of the business and for the conduct of the affairs of the corporation, and any provision creating, defining, limiting or regulating the powers of the corporation or the rights, powers or duties of the directors, members, if any, or delegates, if any, or any class of members, delegates, or directors, or the holders of bonds or other obligations of the corporation.
Source Link - 2 Nev. Rev. Stat. § 116.2101
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A common-interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be recorded in every county in which any portion of the common-interest community is located and must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of each person executing the declaration.
Source Link - 3 Nev. Rev. Stat. § 116.2105
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1. The declaration must contain: (a) The names of the common-interest community and the association and a statement that the common-interest community is either a condominium, cooperative or planned community; (b) The name of every county in which any part of the common-interest community is situated; (c) A legally sufficient description of the real estate included in the common-interest community; (d) A statement of the maximum number of units that the declarant reserves the right to create…
Source Link - 4 Nev. Rev. Stat. § 116.3102
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(f) May regulate the use, maintenance, repair, replacement and modification of common elements. (g) May cause additional improvements to be made as a part of the common elements… (j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements… (k) May impose charges for late payment of assessments…
Source Link - 5 Nev. Rev. Stat. § 116.31031
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…the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000… The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due. The Commission shall adopt regulations establishing the criteria used in determining whether a violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community…
Source Link - 6 Nev. Rev. Stat. § 116.318
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1. Except as otherwise provided in subsections 2, 3 and 4, the executive board of an association shall not and the governing documents of that association must not prohibit a unit’s owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.
Source Link - 7 Nev. Rev. Stat. § 116.320
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1. Except as otherwise provided in subsection 2, the executive board of an association shall not and the governing documents of that association must not prohibit a unit’s owner from engaging in the display of the flag of the United States or of the State of Nevada within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.
Source Link - 8 Nev. Rev. Stat. § 116.325
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1. The executive board shall not and the governing documents must not prohibit a unit’s owner or an occupant of a unit from exhibiting one or more political signs within such physical portion of the common-interest community as that owner or occupant has a right to occupy and use exclusively…
Source Link - 9 Nev. Rev. Stat. § 116.330
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1. The executive board shall not and the governing documents must not prohibit a unit’s owner from installing or maintaining drought tolerant landscaping within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively, including, without limitation, the front yard or back yard of the unit’s owner…
Source Link - 10 Nev. Rev. Stat. § 116.332
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1. Except as otherwise provided in this section, an association of a planned community may not regulate or restrict the manner in which containers for the collection of solid waste or recyclable materials are stored on the premises of a residential unit with curbside service.
2. An association of a planned community may adopt rules, in accordance with the procedures set forth in the governing documents, as defined in subsections 1 and 2 of NRS 116.049, or the bylaws of the association, that reasonably restrict the manner in which containers for the collection of solid waste or recyclable materials are stored on the premises of a residential unit with curbside service during the time the containers are not within the collection area, including, without limitation, rules prescribing the location at which the containers are stored during that time…
Source Link - 11 Nev. Rev. Stat. § 116.335
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1. Unless, at the time a unit’s owner purchased his or her unit, the declaration prohibited the unit’s owner from renting or leasing his or her unit, the association may not prohibit the unit’s owner from renting or leasing his or her unit.
Source Link - 12 Nev. Rev. Stat. § 278.0208
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1. A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of real property from using a system for obtaining solar energy on his or her property. 2. Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
Source Link - 13 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 14 Nev. Rev. Stat. § 116.31162
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… a planned community, in a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed… the association may foreclose its lien by sale…
Source Link - 15 Nev. Rev. Stat. § 116.3107
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1. Except to the extent provided by the declaration, subsection 2 and NRS 116.31135, the association has the duty to provide for the maintenance, repair and replacement of the common elements, and each unit’s owner has the duty to provide for the maintenance, repair and replacement of his or her unit. Each unit’s owner shall afford to the association and the other units’ owners, and to their agents or employees, access through his or her unit reasonably necessary for those purposes.
Source Link - 16 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 17 Nev. Rev. Stat. § 82.451
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…If at the meeting the members entitled to exercise a majority of all the voting power consent by resolution to the dissolution, a certificate signed by an officer of the corporation setting forth that the dissolution has been approved in compliance with this section… must be filed in the Office of the Secretary of State… 4. A certificate filed pursuant to this section is effective at the time of the filing of the certificate with the Secretary of State or upon a later date and time as specified in the certificate, which date must not be more than 90 days after the date on which the certificate is filed. If a certificate filed pursuant to this section specifies a later effective date but does not specify an effective time, the certificate is effective at 12:01 a.m. in the Pacific time zone on the specified later date.
Source Link
