# Nevada HOA Foreclosure: Notice and Your Right to Cure (2026)

> Before a Nevada HOA can foreclose an assessment lien, Revised Statutes 116.31162 sets a sequence. The association first mails the owner a notice of delinquent assessment by certified mail, stating the amount owed and the unit. It must then wait at least 30 days before it records a notice of default and election to sell with the county recorder, and mail a copy to the owner. After the notice of default is recorded, the owner has 90 days to pay the lien, including costs and fees, and stop the sale. Nevada also offers foreclosure mediation for common-interest communities, and the association generally cannot proceed by sale while a unit is in that mediation. For a buyer, the minutes and the financial statements show how active the board is with foreclosures.

_Source: https://hoanotes.com/hoa/nevada/foreclosure/ | Last reviewed 2026-06-03_

## What the law requires before foreclosure

Nevada Revised Statutes 116.31162 puts a clock and a paper trail in front of HOA foreclosure. The association mails the owner a notice of delinquent assessment by certified or registered mail, return receipt requested, identifying the amount owed, the unit, and the record owner. It then has to wait at least 30 days before it can record a notice of default and election to sell, and it mails a copy of that notice to the owner.

Once the notice of default is recorded, the owner gets a 90-day window to pay the lien, including the costs and fees of enforcement, and stop the foreclosure. Nevada also provides a foreclosure mediation program for common-interest communities, and the association generally may not foreclose by sale while it has notice that the unit is in mediation, unless the required certificate is recorded or the owner fails to keep up during the mediation.

## Why a buyer should care

These steps protect you if you ever fall behind, but the bigger signal to a buyer is the association's collection posture. A board that pushes accounts to foreclosure, paired with a high delinquency rate, tells you about both the community's finances and how it treats owners. And in Nevada, foreclosure ties directly to the superpriority lien, so a clean HOA balance at closing matters.

## What to check in the disclosure packet

Read these together before you make an offer:

- The delinquency rate in the financial statements, which drives collection and foreclosure activity.
- Recent board minutes for HOA foreclosures and how often liens turn into sales.
- Any delinquent assessment balance on the property you are buying, which ties to the superpriority lien.
- Rules or CC&R language claiming the HOA can foreclose with no notice, which conflicts with 116.31162.

## Why this matters to your offer

Foreclosure practice is a window into the finances and the governance of an association, and in Nevada it connects to the superpriority lien that can reach past the mortgage.

An HOA Notes brief reads the financial statements, the collection policy, and the minutes together, flags collection and foreclosure risk, and cites the page behind every finding.

## What the statute says

**Nevada Revised Statutes section 116.31162** (Pre-foreclosure notice requirements). Before commencing foreclosure proceedings, the association must give the unit owner written notice by certified mail identifying the total amount owed (including a breakdown of assessments, interest, fees, and attorney fees), the deadline to cure, and an explanation of the owner's right to request a repayment plan or mediation; the notice must be provided in time to allow the owner a reasonable opportunity to cure before foreclosure begins. The association may proceed with foreclosure after the notice and cure period if the balance remains unpaid; it may recover attorney fees and collection costs as part of the lien; it may also seek a deficiency judgment if the foreclosure sale proceeds do not satisfy the full debt.

## Nevada HOA foreclosure: common questions

### What notice must a Nevada HOA give before foreclosing?

Under Revised Statutes 116.31162, a notice of delinquent assessment by certified mail, then at least 30 days later a recorded notice of default and election to sell, with a copy mailed to the owner.

### How long do I have to stop a Nevada HOA foreclosure?

The owner has 90 days after the notice of default is recorded to pay the lien, including costs and fees, and stop the sale.

### Is there mediation for Nevada HOA foreclosures?

Yes. Nevada provides a foreclosure mediation program for common-interest communities, and the association generally cannot foreclose by sale while a unit is in that mediation.

### Does a delinquent HOA balance follow the property?

An unpaid balance carries a lien with a superpriority piece that can prime the mortgage, so confirm it is paid at closing. See our Nevada superpriority lien guide.

## Sources (verified 2026-06-03)

1. Nevada Revised Statutes section 116.31162 (foreclosure of liens; notice; cure period), Justia. Verified 2026-06-03. https://law.justia.com/codes/nevada/chapter-116/statute-116-31162/
2. Nevada Revised Statutes Chapter 116 (Common-Interest Ownership Act), Nevada Legislature. Verified 2026-06-03. https://www.leg.state.nv.us/nrs/nrs-116.html
3. Nevada HOA Foreclosure: Laws, Timeline, and Rights, LegalClarity. Verified 2026-06-03. https://legalclarity.org/nevada-hoa-foreclosure-laws-explained/

HOA Notes is not a law firm and this is not legal advice.