What state law requires, what the standard resale packet leaves out, and the Nevada-specific gotchas buyers should know before removing contingencies.
About Nevada HOA law. Nevada's HOA lien priority is among the strongest in the country: the association's assessment lien has superpriority over the first deed of trust for the equivalent of nine months of common assessments. Buyers can unknowingly take title subject to an undisclosed HOA lien that survives a foreclosure of the underlying mortgage.
What governs HOA disclosure in Nevada
Primary statute: Nevada Uniform Common-Interest Ownership Act (Nevada Revised Statutes Chapter 116). Together with the FCC Over-The-Air Reception Devices Rule (47 C.F.R. section 1.4000) and a handful of subject-specific statutes (solar, flags, EV charging, where applicable), these are the rules that override declaration and bylaw language inconsistent with them.
5 Nevada-specific things buyers should check
These are the NV rules that most commonly conflict with what the disclosure packet appears to say. Each one is worth a direct question to the HOA before contingency removal.
Superpriority lien - 9 months
NRS 116.3116 puts HOA dues ahead of the first deed of trust
Nevada's superpriority lien rule (NRS 116.3116) gives an HOA assessment lien priority over a first deed of trust for the equivalent of nine months of common assessments. This is one of the strongest HOA lien priority rules in the United States. Buyers who purchase from a foreclosure sale should verify whether the seller cleared the HOA's superpriority portion - if not, the buyer may take title subject to it.
Fine cap: $100/day, $1,000 aggregate
Process requires notice, cure window, and hearing
Fines are capped at $100 per violation per day under NRS 116.31031, with a $1,000 aggregate cap. The fine process requires written notice, an opportunity to remedy, and a hearing before fines may be imposed. A fine that skipped any of those steps is challengeable.
Short-term rental restrictions must be in declaration
Board-only STR bans are unenforceable
Restrictions on short-term rentals must appear in the declaration. An association cannot impose a new STR prohibition through board rules alone. The local jurisdiction's STR ordinance is a separate, often stricter layer - check both.
Solar void by independent statute
Section 111.239 voids solar prohibitions
Any covenant prohibiting installation of a solar energy device is void by operation of NRS 111.239. The association may impose reasonable aesthetic conditions but may not ban solar devices outright.
Resale package has a fixed delivery timeline
Sellers must deliver the certificate within 10 days of request
The Nevada resale package - including the declaration, bylaws, current operating budget, reserve study, financials, insurance summary, and assessment statement - must be delivered within 10 days of the seller's request. A late or incomplete package preserves the buyer's right to cancel the contract.
Nevada HOA law, topic by topic
Plain-English guides to the Nevada statutes that most often clash with HOA governing documents. Each one explains the rule, what the board can still do, and what to check in the disclosure packet before you remove contingencies.
An HOA cannot ban political signs in your own yard; signs are limited to 24 by 36 inches, one per candidate.
How HOA Notes analyzes Nevada disclosure packets
Upload the full disclosure package - HOA documents plus any state-specific addenda - and HOA Notes runs a NV-calibrated analysis: every assertion in the resulting brief points to a page in the source packet, every state-law conflict is flagged with the statute citation, and a Risk Score 0 to 100 summarizes the overall exposure. The state-law cross-reference is keyed to the Nevada statutes listed above. Delivered in under an hour.
Buying a Nevada home? Get your disclosure packet analyzed.
Upload the full disclosure package and HOA Notes runs the Nevada-calibrated analysis. Risk Score, red-flag list, 5 verbatim agent talking points, page citations on every claim, and a coverage gaps list showing what to request from the HOA. Delivered in under an hour.
This is a general buyer guide for Nevada HOA disclosure. HOA Notes is not a law firm and this is not legal advice. State statutes change; the citations above were current as of the page's last update. Consult a Nevada real estate attorney before removing contingencies or relying on any state-law right described here.