Nevada HOA Laws

Nevada HOA Laws

Last Updated: June 16, 2023 by Corrin Swintosky

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:

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.