NRS 116 Plain-English Guide:
Nevada HOA Law Explained
NRS Chapter 116 is the primary Nevada statute governing every HOA-governed community in the state. This is the most complete plain-English breakdown of the statute available — written for homeowners, not attorneys. Every section that affects your rights is explained with what it means and how to use it.
Daniel Moravec, Founder
"I built this guide because when I was fighting my own HOA dispute in Northwest Las Vegas, I couldn't find a plain-English explanation of what the law actually said. Every resource was either written for attorneys or too vague to be useful. This is the guide I wish I had. Every section is explained in terms of what it means for you — not what it says in legal language."
General Provisions and Definitions
Plain-English Explanation
The opening sections define key terms used throughout the statute. "Common-interest community" means any HOA-governed development. "Unit owner" means you — the homeowner. "Association" means your HOA. "Executive board" means the HOA board of directors.
Key Points
- Defines what counts as a "common-interest community" under Nevada law
- Establishes that NRS 116 applies to condominiums, planned communities, and cooperatives
- Defines the legal relationship between homeowners and the association
What This Means for You
These definitions determine whether NRS 116 applies to your community. If you live in an HOA-governed development in Nevada, it almost certainly does.
Assessments and Obligations to Pay
Plain-English Explanation
This section establishes that homeowners are obligated to pay assessments levied by the HOA. But it also establishes critical limits: the HOA can only collect what is properly authorized in the governing documents and this statute. Unauthorized fees are not legally collectible.
Key Points
- Homeowners must pay properly levied assessments
- HOAs can only collect fees and charges authorized by the CC&Rs and NRS 116
- NRS 116.3102 requires HOAs to offer a payment plan before foreclosure
- Payment plans must be reasonable — typically 3–12 months
What This Means for You
If your HOA is charging fees not authorized in your CC&Rs or NRS 116, those fees are not legally collectible. An itemized statement often reveals unauthorized charges.
Liens and Foreclosure
Plain-English Explanation
This is the most consequential section for homeowners facing collections. It establishes when and how HOAs can record liens and initiate foreclosure. The HOA must follow a strict procedural sequence — and failure at any step is grounds to challenge the action.
Key Points
- HOAs can record liens for unpaid assessments — not fines or fees alone
- Pre-lien notice must be sent at least 30 days before recording (NRS 116.31162)
- Payment plan must be offered before foreclosure proceedings begin (NRS 116.3102)
- Foreclosure requires a Notice of Default and a waiting period
- Homeowners have the right to cure the default before the foreclosure sale
What This Means for You
Most HOA foreclosure actions have procedural defects. A lien recorded without proper notice, or a foreclosure initiated without offering a payment plan, can be challenged and potentially voided.
Notice Before Fines — The Most Violated Section
Plain-English Explanation
Before your HOA can impose any fine, they must send you written notice describing the alleged violation and giving you a reasonable opportunity to cure it. This is one of the most commonly violated sections of NRS 116 — and one of the most powerful for homeowners.
Key Points
- Written notice of the alleged violation is required before any fine
- The notice must describe the specific violation
- You must be given a reasonable opportunity to cure the violation
- A fine imposed without proper notice is procedurally defective
What This Means for You
If your HOA fined you without first sending a written violation notice, that fine may be void. This is the first thing to check when you receive a fine.
Hearing Rights Before Fines
Plain-English Explanation
Before your HOA can levy a fine, they must offer you a hearing before the board. You have the right to appear, present your case, and challenge the fine. Fines imposed without offering a hearing are unenforceable under Nevada law.
Key Points
- You have the right to a hearing before any fine is levied
- The HOA must provide notice of the hearing
- You have the right to appear and be heard
- Fines imposed without offering a hearing are unenforceable
What This Means for You
Send a written hearing request immediately when you receive a fine notice. Cite NRS 116.31085. The HOA must schedule a hearing — and many fines are dropped rather than proceed to a hearing the HOA didn't properly notice.
Records Access Rights
Plain-English Explanation
You have the right to inspect and copy your HOA's financial records, meeting minutes, and governing documents. The HOA must respond within 10 business days. This is one of the most powerful tools for investigating HOA misconduct.
Key Points
- Right to inspect financial records, meeting minutes, and governing documents
- HOA must respond within 10 business days
- Failure to provide records is a reportable violation to NRED
- NRED can impose penalties for records obstruction
What This Means for You
A records request often reveals unauthorized fees, misapplied payments, and procedural failures. It's the first step in any serious dispute.
Open Meeting Requirements
Plain-English Explanation
HOA board meetings must be open to homeowners. The board cannot make decisions in secret. Homeowners have the right to attend meetings and speak during the homeowner forum. Decisions made in improperly closed sessions may be void.
Key Points
- Board meetings must be open to homeowners
- Homeowners have the right to attend and speak
- Executive sessions are only permitted for specific topics (legal matters, personnel)
- Decisions made in improperly closed sessions may be void
What This Means for You
If your HOA is making decisions in secret or excluding homeowners from meetings, that's a reportable violation. Document the exclusion and file a complaint with NRED.
Retaliation Prohibition
Plain-English Explanation
Your HOA cannot retaliate against you for exercising your legal rights — filing a complaint, attending a meeting, requesting records, or speaking at a board meeting. Retaliatory fines are void and the conduct is reportable to NRED.
Key Points
- HOAs cannot retaliate for exercising legal rights
- Retaliatory fines are void — the HOA cannot collect them
- Retaliation is a reportable violation to NRED
- Document the timeline: exercise of rights → retaliatory action
What This Means for You
If you received a fine or other adverse action shortly after filing a complaint or attending a meeting, that's potential retaliation. Document the timeline carefully.
NRED Enforcement and Penalties
Plain-English Explanation
The Nevada Real Estate Division (NRED) is the state agency that enforces NRS 116. Homeowners can file formal complaints with NRED when their HOA violates the statute. NRED can investigate, mediate, and impose civil penalties up to $1,000 per violation.
Key Points
- NRED has authority to investigate HOA violations
- Civil penalties up to $1,000 per violation
- NRED can compel compliance with NRS 116
- Complaints can be filed at red.nv.gov
What This Means for You
NRED complaints are one of the most effective tools available to Nevada homeowners. A documented pattern of violations can result in significant penalties and compelled compliance.
Frequently Asked Questions About NRS 116
What is NRS Chapter 116?
NRS Chapter 116 is the Nevada Uniform Common-Interest Ownership Act — the primary state law governing HOA-governed communities including condominiums, planned communities, and cooperatives. It defines the rights of homeowners, obligations of HOA boards, and the enforcement role of NRED.
Does NRS 116 apply to my HOA in Nevada?
NRS 116 applies to virtually all HOA-governed communities in Nevada including condominiums, planned communities, and cooperatives. If you live in a community with an HOA, CC&Rs, and monthly assessments, NRS 116 almost certainly applies.
How do I use NRS 116 in my dispute?
Identify the specific section your HOA may have violated, gather documentation, and send a written letter citing the exact statute. Use the HOADispute tools to generate NRS-cited letters and assess your situation.
Where can I read the actual text of NRS 116?
The official text of NRS Chapter 116 is available at the Nevada Legislature website (leg.state.nv.us). This guide provides plain-English explanations of the key sections most relevant to homeowner disputes.
Know the law. Now use it.
Apply NRS 116 to your specific HOA situation with our dispute tools.