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Nevada statute

Nevada Common-Interest Communities Act

Nev. Rev. Stat. ch. 116 · enacted 1991

NRS 116 is Nevada's comprehensive common-interest community statute, modeled on the Uniform Common Interest Ownership Act. It covers planned communities, condominiums, and cooperatives — supplementing each association's Declaration with state-mandated procedures for elections, finances, enforcement, and dispute resolution. Nevada also operates a state-level ombudsman office (the Nevada Real Estate Division's Common-Interest Communities and Condominium Hotels program) that can mediate disputes.

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Who and what NRS 116 covers

Applies to common-interest communities of more than a small statutory threshold formed in Nevada. Limited subsets of the act apply to communities with fewer units; commercial-only associations are generally outside its scope.

  • Common-interest communities — planned communities, condominiums, cooperatives — formed under Nevada law.

  • Pre-existing communities formed before the act apply many but not all provisions; the act includes specific carve-outs for older associations.

  • Commercial-only associations and small voluntary associations may be partially or fully outside the act.

Key provisions

The themes most boards and owners actually need to find. Each entry is orientation-level — the bylaw concierge surfaces the exact section that applies to your community when you upload your CC&Rs.

  • Open meetings & executive session

    Board meetings must be open to all members with limited executive-session exceptions (litigation, personnel, member discipline). Members have a right to attend, comment during designated portions, and access minutes.

  • Director elections & recall

    Director elections must use secret ballots with statutorily defined timing. NRS 116 sets a process for member-initiated recall by written ballot, with timing and threshold requirements that the Bylaws cannot reduce.

  • Assessments, liens & foreclosure

    Regular assessments are levied by the board within budget; significant special assessments and certain budget increases trigger statutory member ratification rights. The act prescribes a multi-step lien and foreclosure procedure with mandatory mediation/arbitration before non-judicial foreclosure.

  • Fines, hearings & alternative dispute resolution

    Before levying fines, the board must give written notice and an opportunity for a hearing. Many disputes between owners and associations must go to the Nevada Real Estate Division's mediation/arbitration program before they may be filed in court.

  • Architectural & rule changes

    Architectural-decision procedures must be in writing and applied uniformly. New rules require statutory member notice, a board vote in open session, and member ratification rights for material changes. Rules conflicting with the Declaration are unenforceable.

  • Records access & financial disclosures

    Members can inspect financial records, contracts, ballots, and meeting minutes within statutory timeframes. Annual budgets must be ratified by member silence (statutory non-rejection threshold) or member vote, depending on the increase.

Common questions about NRS 116

  • Does NRS 116 require mediation before lawsuits?

    For many owner-vs-association disputes, yes. The Nevada Real Estate Division operates a mediation and arbitration program that is a prerequisite to filing certain claims in district court. The exceptions and timing are governed by statute.

  • How is a Nevada HOA budget ratified?

    The board adopts a budget and distributes it to members. Members typically ratify by silence — if owners holding the statutory threshold of votes do not affirmatively reject the budget within the notice period, it is deemed ratified. The threshold and procedure are statutory.

  • Can a Nevada HOA foreclose on a lien for unpaid assessments?

    Yes, but the procedure is multi-step and includes statutory notices and a mandatory mediation offer. Non-judicial foreclosure requires strict compliance; missing a notice step typically voids the foreclosure.

  • Are there fine caps under NRS 116?

    Yes. The act caps per-violation fines and continuing-violation accruals, with separate caps for health/safety violations. The board must adopt a fine schedule and give hearing notice before levying any fine.

  • Who oversees Nevada HOAs?

    The Nevada Real Estate Division's Common-Interest Communities program registers associations, fields complaints, and operates the mediation/arbitration program. It does not adjudicate the merits of every dispute, but it is the administrative starting point for many owner complaints.

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Where NRS 116 comes up

Scenario playbooks tied to the issues this statute most often governs.

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Definitions

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