Collections &
Lien Law
The specific statutes governing how HOAs may collect unpaid assessments, place liens, and pursue foreclosure. Nevada law requires strict procedural compliance — every skipped step is a legal defense.
What the Law Means
Your HOA can place a lien on your home for unpaid assessments and, in some cases, foreclose on that lien. However, Nevada law under NRS 116.3116 and related statutes requires specific notices, waiting periods, and procedures before any lien or foreclosure action. Skipping these steps makes the lien legally defective and gives you grounds to challenge it.
HOA foreclosures have cost Nevada homeowners their homes over relatively small debts. Understanding the required process gives you time to respond, dispute improper charges, and seek payment arrangements before the situation escalates.
The Required Collection Process
Nevada law requires HOAs to follow these steps in order. Any step skipped is a legal defect you can challenge.
Delinquency Notice
NRS 116.31162HOA must send written notice of the delinquent amount before any collection action begins.
Payment Plan Offer
NRS 116.31162HOA must offer a payment plan before initiating foreclosure proceedings.
Lien Recorded
NRS 116.3116HOA may record a lien against your property for unpaid assessments after proper notice.
Notice of Default
NRS 116.31164Before foreclosure, HOA must record a notice of default and provide required waiting periods.
Foreclosure Action
NRS 116.31164Only after all prior steps are completed can the HOA pursue foreclosure. Skipping any step makes the action defective.
Why This Matters
Many HOAs — or their collection attorneys — skip required steps or send defective notices. Each procedural failure is a legal defense. Courts have dismissed HOA liens and foreclosure actions when the required process was not followed correctly.
Defective Notice
If the delinquency notice doesn't include required information, the lien may be void.
No Payment Plan Offer
Failure to offer a payment plan before foreclosure is a procedural defect.
Improper Charges
Fines, attorney fees, or late charges added improperly can be challenged.
Wrong Amounts
Liens for amounts greater than actually owed are legally defective.
Evidence to Gather
- All assessment statements and your complete payment history
- Any lien notice or notice of default you received
- Proof of any payments made (bank records, cancelled checks)
- Your CC&Rs showing the assessment amounts and collection policy
- Any disputed charges you believe are improper
- All correspondence with the HOA or its collection attorney
- Evidence of any payment plan requests you made
Your Next Steps — Act Quickly
- 1Do not ignore lien notices — respond in writing immediately
- 2Request an itemized accounting of all amounts claimed
- 3Dispute any charges you believe are improper in writing
- 4Contact the HOA to request a payment plan before foreclosure begins
- 5Review every notice for procedural defects (missing information, wrong amounts)
- 6Consult an attorney immediately if you receive a notice of foreclosure
High Stakes — Act Now
Collection and lien disputes have strict deadlines. Ignoring notices can result in foreclosure. Do not wait to respond.
Related Statutes
Use the Tools
Respond to collection actions with our dispute tools.
Legal Information Only
This is not legal advice. For advice specific to your situation, consult a licensed Nevada attorney.
Know the law. Now use it.
Use our dispute tools to respond to collection actions under Nevada law.