Nevada HOA disclosure
What state law requires, what the standard resale packet leaves out, and the Nevada-specific gotchas buyers should know before removing contingencies.
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.
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) puts part of an HOA's lien ahead of a first deed of trust: up to nine months of common assessments, plus enforcement costs up to fixed caps (no attorney fees). Foreclosing that part can extinguish the mortgage, so confirm the HOA balance is paid in full at closing.
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 association has 10 calendar days from the owner's request to furnish the resale package, which includes the declaration, bylaws, and rules, the operating budget with a reserve summary, a year-to-date financial statement, and a statement of what is owed on the unit. Your 5-day cancellation clock starts only when you receive it.
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.
Nevada Revised Statutes 116.3116
An HOA lien sits ahead of the first mortgage for up to 9 months of dues plus capped costs, and foreclosing that part can wipe out the mortgage.
Nevada Revised Statutes 116.31162
Foreclosure and the right to cure
A delinquent-assessment notice, a 30-day wait, and a 90-day window to cure before an HOA can foreclose.
Nevada Revised Statutes 116.31031
Fines are capped at $100 per violation and $1,000 total, with notice, a chance to remedy, and a hearing first.
Nevada Revised Statutes 116.310313
Collection fees must be reasonable, and the delinquent-notice fees are capped at $2,925 under the Administrative Code (NAC 116.470).
Nevada Revised Statutes 116.330
An HOA cannot ban drought-tolerant landscaping, including rock and artificial turf, or require a live grass lawn.
Nevada Revised Statutes 116.333 and 111.239
A covenant that bans solar is void, and the board cannot cut a system's output by more than about 10 percent.
Nevada Revised Statutes 116.335
A rental restriction binds you only if it was in the declaration when you bought; a board rule cannot create one.
Nevada Revised Statutes 116.325
An HOA cannot ban political signs in your own yard; signs are limited to 24 by 36 inches, one per candidate.
Nevada Revised Statutes 116.4109
Nevada gives a resale buyer 5 calendar days to cancel after the HOA resale package arrives. The window, and what to read before it runs out.
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.
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About this page
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.