# Nevada HOA Superpriority Lien: How It Affects a Sale (2026) > Under Nevada Revised Statutes 116.3116, an HOA's lien for unpaid assessments has 'superpriority' status: for an amount equal to the 9 months of common assessments that came due just before the association moves to enforce the lien, the HOA lien sits ahead of even a first deed of trust. That means if the association forecloses that superpriority portion, the foreclosure can extinguish the first mortgage. The superpriority amount is limited to those 9 months of assessments and does not include the HOA's collection fees or foreclosure costs. For a buyer, the practical point is simple: confirm there are no delinquent HOA assessments on the property before you close, because an unpaid balance carries a lien that can prime the mortgage. _Source: https://hoanotes.com/hoa/nevada/superpriority-lien/ | Last reviewed 2026-06-03_ ## What the law does Most liens fall in line behind the first mortgage. Nevada Revised Statutes 116.3116 carves out an exception for HOAs. The association's assessment lien is split into two pieces, and one piece, equal to the common assessments that would have come due during the 9 months immediately before the association starts to enforce the lien, is given priority over a first deed of trust. That is the 'superpriority' portion. The consequence is unusual and serious. If the HOA forecloses the superpriority portion, the sale can wipe out the first mortgage, which is why this rule has been heavily litigated in Nevada. Two limits matter: the superpriority is capped at those 9 months of assessments, and the Nevada Supreme Court has held it does not include the association's collection fees or foreclosure costs. The rest of the HOA's lien stays behind the mortgage in the normal order. ## Why a buyer should care For a normal resale, the risk is a seller who is behind on dues. If the seller owes the HOA, that debt carries a lien with a superpriority piece, and you do not want it following the property to you. The fix is to make sure the HOA balance is paid in full at closing, which your title and escrow team handles from the association's demand or resale package. The other side of the rule is the auction market: buying at a Nevada HOA foreclosure sale can deliver title free of the mortgage, but that path is litigated and risky and is not a normal purchase. ## What to check before you close Read these together before you remove contingencies: - The HOA demand or resale package for any delinquent assessment balance owed by the seller. - Confirmation that the full HOA balance, including any superpriority amount, is paid at closing. - The association's financial statements for a high delinquency rate, which signals active collection and foreclosure pressure. - Recent board minutes for HOA foreclosures in the community. ## Why this matters to your offer A superpriority lien is the rare HOA issue that can reach past the mortgage, so a clean payoff at closing is not a formality in Nevada, it is the protection. And a community with heavy delinquency is a financial and governance risk on top of it. An HOA Notes brief reads the resale package, the financial statements, and the minutes together, flags a delinquency or collection pattern, and cites the page behind every finding. ## What the statute says **Nevada Revised Statutes section 116.3116** (HOA superpriority lien). Nevada HOA assessment liens have 'superpriority' status under NRS 116.3116: the association's lien has priority over a first deed of trust or mortgage for an amount equal to nine months of common assessments; this means a buyer who acquires property at an HOA foreclosure sale takes it free of the first mortgage for that nine-month superpriority amount; buyers and lenders must independently verify there are no delinquent HOA assessments because an undisclosed lien could survive the sale. The association may foreclose its superpriority lien (the nine-months-of-assessments portion) in a manner that extinguishes the first deed of trust; lenders typically protect themselves through escrow by monitoring HOA delinquency; the association must follow all required notice and procedural steps before foreclosing the superpriority portion. ## Nevada HOA superpriority lien: common questions ### What is a Nevada HOA superpriority lien? Under Revised Statutes 116.3116, the part of an HOA's assessment lien equal to 9 months of common assessments has priority over a first deed of trust, so it can reach ahead of the mortgage. ### Can a Nevada HOA foreclosure wipe out my mortgage? Foreclosing the superpriority portion can extinguish a first deed of trust, which is why the rule has been so heavily litigated. The superpriority is limited to 9 months of assessments. ### Does the superpriority lien include HOA fees and costs? No. The Nevada Supreme Court has held the superpriority amount does not include the association's collection fees or foreclosure costs, just the 9 months of assessments. ### How do I protect myself as a Nevada buyer? Confirm there are no delinquent HOA assessments and that the full balance is paid at closing. Your title and escrow team works from the association's demand or resale package. ## Sources (verified 2026-06-03) 1. Nevada Revised Statutes section 116.3116 (liens against units for assessments), Justia. Verified 2026-06-03. https://law.justia.com/codes/nevada/chapter-116/statute-116-3116/ 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 Laws and Foreclosures, Nolo. Verified 2026-06-03. https://www.nolo.com/legal-encyclopedia/nevada-hoa-foreclosures.html HOA Notes is not a law firm and this is not legal advice.