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Nevada quietly let HOA master policies stop covering the units for wildfire

Nevada quietly let HOA master policies stop covering the units for wildfire
Nevada · Legislation

Nevada quietly let HOA master policies stop covering the units for wildfire

What happened. Under a bill titled “AN ACT relating to insurance,” Nevada changed what a condominium association's master property policy has to cover. The change took effect July 1, 2025, and a great many Nevada unit owners do not know about it.

The rule it changes

NRS 116.3113(2) is the walls-in requirement. Where units are divided by horizontal boundaries described in the declaration, or by vertical boundaries comprising common walls, the association's property insurance “to the extent reasonably available, must include the units, but need not include improvements and betterments installed by units' owners.” That sentence is why a condominium owner's own policy is usually a thin layer over a master policy that reaches the unit itself.

The new exception

Assembly Bill 376, Chapter 423, Statutes of Nevada 2025, approved June 9, 2025, added subsection 3 and opened subsection 2 with “Except as otherwise provided in subsection 3.” Subsection 3 reads in full:1

“3. The provisions of subsection 2 do not apply to property insurance maintained by an association under paragraph (a) of subsection 1 which covers the peril of wildfire and which coordinates with or subrogates individual policies of property insurance maintained by units' owners that cover the peril of wildfire. The provisions of this subsection do not relieve an association from compliance with any other provision of this chapter.”

Read plainly: for the peril of wildfire, and only where the association's coverage coordinates with or subrogates against owners' own wildfire coverage, the master policy no longer has to include the units.

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The statutory history confirms it is new

NRS 116.3113's history note reads: “(Added to NRS by 1991, 565; A 2011, 2445; 2017, 1095; 2025, 2712.)” Page 2712 of the Statutes of Nevada 2025 falls inside Chapter 423 — AB 376 — not inside Chapter 365, the session's main HOA bill. This is why the change has been largely missed: it is a common-interest community amendment sitting in an insurance omnibus.

AB 376's effective-date section put the HOA provisions first. Sections 25.4 to 25.7 became effective July 1, 2025; the bulk of the act's regulatory-sandbox provisions waited until January 1, 2026, and several of those expire by limitation on January 1, 2030. The NRS 116.3113 change is not among the sunsetting provisions.

Why the Legislature did it

Nevada's homeowners insurance market has been contracting around wildfire risk. The state's own regulatory response in the same bill — a four-year program under which insurers may write wildfire as a standalone product rather than inside a standard homeowners policy — is aimed at the same problem: carriers unwilling to write the peril at all on the terms the market previously assumed.

A walls-in master policy covering wildfire across every unit in a building is a large, concentrated exposure. Subsection 3 lets an association buy a wildfire policy that stops at the common elements and coordinates with the coverage owners carry individually. For a northern Nevada association that could not place walls-in wildfire coverage at any price, that is the difference between some coverage and none.

What an owner can check, and how

The conditional clause is the whole of the protection, and it is not self-executing. Subsection 3 applies only where the association's policy “coordinates with or subrogates” owners' individual wildfire policies. An association relying on this exception is, by the statute's own terms, relying on owners having their own wildfire coverage for it to coordinate with.

Concrete steps for a Nevada condominium or townhome owner in wildfire-exposed country — the Reno, Sparks, Carson and Tahoe-adjacent communities above all:

  • Get the master policy declarations page and find the wildfire treatment. Not the certificate of insurance — the declarations and the perils schedule. The question is whether the units are included for wildfire specifically.
  • Ask whether the association is relying on NRS 116.3113(3). A board that has restructured its wildfire coverage under this subsection knows it, and an owner is entitled to know it too.
  • Check your own HO-6 for wildfire, and for its limit. If the master policy no longer reaches your unit for wildfire, your policy is the primary layer for that peril — and unit-owner policies are frequently written on the assumption that they are not.
  • If you are buying, the resale package now carries this. Since July 1, 2026 NRS 116.4109(1)(g) requires proof of the NRS 116.3113 policies in every Nevada resale package. That is the document that answers the question.

What subsection 3 does not do

Three limits worth stating, because each is a place where the exception could be over-read:

  • It is confined to wildfire. Fire generally, water, wind and every other peril remain subject to subsection 2's walls-in requirement.
  • It does not reduce the other three required policies. Commercial general liability, crime and directors-and-officers coverage under NRS 116.3113(1) are untouched.
  • Its closing sentence is a warning, not a formality. “The provisions of this subsection do not relieve an association from compliance with any other provision of this chapter” — including NRS 116.3113(4)'s duty to notify all owners promptly when required insurance is not reasonably available, and NRS 116.31133's rules on policy terms and proceeds.

The disclosure gap in the middle

There is a twelve-month window worth naming. The coverage change took effect July 1, 2025. The resale-package disclosure that would surface it took effect July 1, 2026. Anyone who bought a Nevada condominium in a wildfire-exposed community during that year received a resale package that was complete under the law as it then stood and that did not have to include the master policy.

For those buyers the recommendation is the same as for everyone else, just more urgent: ask for the declarations page now.

Related Nevada HOA Topics

← All Nevada HOA Topics

  1. NRS 116.3113, Insurance: General requirements — subsection 3 and history note, Nevada Revised Statutes chapter 116
  2. Chapter 423, Statutes of Nevada 2025 (Assembly Bill 376), approved June 9, 2025 — section 25.6, Statutes of Nevada 2025 page 2712
  3. Nevada Division of Insurance, bulletins index

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